Allowed

Roshivi V.S. v. State of Kerala

Kerala HC6 Jan 2016Bail Appl./8480/2015

Case brief

AI extract

What is this about?

Single accused sought bail in an IPC 324 and 326 assault case. Court held custodial interrogation unwarranted and granted bail subject to appearance for interrogation, ensuring no interference with witnesses, and cooperating with investigation.

What did the court decide?

Bail granted on Condition 1 to appear for interrogation within 10 days, 2. No intimidation of witnesses, 3. Cooperation with investigation.

Roshivi V.S. Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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Bail Appl..No. 8480 of 2015 ()

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CRIME NO. 1724/2012 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED :

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ROSHIVI V.S., AGED 28 YEARS W/O. RANJITH, ROYAL HOUSE, KOPPAM ADAYAMON P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.K.SIJU SRI.S.ABHILASH

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RESPONDENT :

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE KILIMANOOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B. A. No. 8480 of 2015

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Dated this the 6^th day of January, 2016

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O R D E R

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The petitioner is the sole accused in Crime No.1724/2015 of Kilimanoor Police Station for offence punishable under Sections 324 & 326 of IPC.

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The allegation of the prosecution is that, on 21.11.2015 at 11.00 am., the accused due to a previous enmity pushed down the defacto complainant and thereafter using a stick, hit on her body resulting in a fracture of her left leg. FIS was laid and the crime was registered. Apprehending arrest, the petitioner seeks bail.

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Heard and examined the records.

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It appears that property dispute was the motive for the

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alleged attack. It has been stated that relating to the above property O.S. No.489/2014 has been filed. According to the petitioner there was a scuffle in which the defacto complainant fell down and fractured her leg. It appears that, on record there is evidence that the defacto complainant has sustained fracture. The dispute between the parties is also on record. The crucial question is whether the accused has attacked her, which is essentially a matter revolving on the oral testimony of the defacto

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B. A. No. 8480 of 2015

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complainant. The alleged weapon has been recovered from the scene. The petitioner is not involved in any other case.

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Having regard to these facts, the custodial interrogation of the petitioner does not appear to be warranted and bail can be granted to the petitioner on the following conditions:

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(i) The petitioner shall appear before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if he is proposed to be arrested, he shall be released on bail, on he executing a bond for a sum of ₹40,000/- (Forty thousand only) with two sureties each.

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(ii) He shall not threaten, coerce or intimidate the witness and shall not interfere in the process of investigation.

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(iii) He shall co-operate with the investigation and shall appear before the Investigating Officer as and when called.

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Sd/-

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SUNIL THOMAS, JUDGE. /true copy/

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P. A. to Judge

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Roshivi V.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Roshivi V.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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