In a bail application regarding offences under Sections 498A, 323, and 324 IPC, the Court granted bail subject to conditions including interrogation within ten days and execution of a bond, considering prior compromise in earlier proceedings.
Bail granted subject to conditions including interrogation within ten days and execution of a bond with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937
Bail Appl..No. 8455 of 2015 ()
CRIME NO. 816/2015 OF NEDUMKANDAM POLICE STATION , IDUKKI
PETITIONERS/ACCUSED NOS.1 AND 2:
1. SIVARAMA SINHA AGED 29 YEARS S/O.M.S.NARAYANA PANICKAR, RAMANILAYAM HOUSE NEDUNKADOM P.O., IDUKKI DISTRICT.
2. RAMADEVI AGED 49 YEARS W/O.M.S.NARAYANA PANICER, RAMANILAYAM HOUSE NEDUNKADOM P.O., IDUKKI DISTRICT.
BY ADVS.SRI.M.H.HANIL KUMAR SRI.M.R.DHANIL SMT.P.SREESHA
RESPONDENTS/COMPLAINANT/STATE:
1. SUB INSPECTOR OF POLICE NEDUNKADOM POLICE STATION NEDUNKADOM P.O.IDUKKI DISTRICT 685 602.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERANAKULAM-682031
BY PUBLIC PROSECUTOR:SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
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B.A.No.8455 of 2015
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Dated this the 7th day of January, 2016
ORDER
Petitioners are the accused in Crime No.816 of 2015 of the Nedungadom Police Station for offences punishable under Sections 498A, 323 and 324 of the Indian Penal Code.
Annexures.A to C contended that there was an earlier proceeding under Section 498A of the IPC, which was ultimately settled and a compromise arrived at, pursuant thereto criminal proceedings were quashed. According to him, they were living separately and there were no instances of matrimonial cruelty thereafter.
B.A.8455/15
2
(i) Each of the petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties each for the like sum each.
(ii) They shall appear before the Investigating Officer as and when required.
(iii) They shall not get involved in any other identical offences and shall not threaten, coerce or intimidate the de facto complainant and his witnesses.
Sd/-
SUNIL THOMAS Judge
Sbna 6/1/16
True Copy
P A to Judge
2 issues framed by the court
Whether bail should be granted to the accused despite allegations of physical assault in a matrimonial dispute.
Whether prior settled proceedings under Section 498A IPC are relevant to the present bail application.
1 provisions across 1 enactments
Sivarama Sinha
Ramadevi
Sub Inspector Nedungadom
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
