Partly allowed

Usha Kumari v. State of Kerala

Kerala HC27 Dec 2016Crl.MC/9101/2016

Case brief

AI extract

What is this about?

The High Court of Kerala modified a bail condition imposed by a Magistrate in a case under Section 380 IPC, relaxing the requirement that a surety be a property-owner when the surety is a close blood relative of the accused.

What did the court decide?

Modified bail condition by removing the requirement for sureties to be property-owners if they are close blood relatives of the accused.

Usha Kumari Vs State of Kerala — Bail and Remand | 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 K.P.JYOTHINDRANATH

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TUESDAY, THE 27TH DAY OF DECEMBER 2016/6TH POUSHA, 1938

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Crl.MC.No. 9101 of 2016

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C.M.P.NO. 16099 OF 2016 ON C.C.NO. 2734 OF 2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD

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CRIME NO. 2004/2016 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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PETITIONER(S)/ACCUSED :

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USHA KUMARI, AGED 48 YEARS, D/O. KAMALKSHI, NELLIVILA PUTHEN VEEDU, KEELIYODU, MARANALLOOR, THIRUVANANTHAPURAM.

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BY ADVS. SRI.BLAZE K.JOSE SMT.RESHMA G.MENON SMT.K.J.JISMA

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031.

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2. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM, PIN- 695 116.

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BY SR. PUBLIC PROSECUTOR SMT. REKHA C.NAIR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 9101 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE I: CERTIFIED COPY OF THE ORDER IN C.M.P.NO. 16099 OF 2016 IN C.C.NO. 2734 OF 2016 DATED 05.12.2016 OF THE JFMC-II, NEDUMANGAD IN CRIME NO. 2004/2016 OF NEDUMANGAD POLICE STATION.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE

Msd.

K.P.JYOTHINDRANATH, J.

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Crl.M.C.No.9101 of 2016

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Dated this the 27^th day of December, 2016 ORDER

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Petitioner is the accused in C.C.No.2734 of 2016 on the file of the Judicial First Class Magistrate Court -II, Nedumangad. The major offence alleged is under Section 380 of IPC. She was granted bail as per order in C.M.P.No.16099 of 2016 of the said court. While granting bail, the petitioner was directed to execute a bond for 50,000/- along with two solvent sureties. It₹ is directed that at least one among the sureties shall be a close blood relative of the accused, for which she shall produce proof. The grievance is against the said imposition of condition. After hearing the learned Public Prosecutor and also considering the submission, the second condition imposed by the learned Magistrate is modified as follows:

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'One among the sureties shall be a close blood relative of the accused and if one of the sureties is a close blood relative, she need not be a person having properties. If such a surety is

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Crl.M.C.No.9101/2016

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not available, the petitioner is at liberty to produce solvent sureties and the solvency can be verified by the court below by appropriate directions.

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Sd/- K.P.JYOTHINDRANATH, JUDGE.

TRUE COPY

P.A TO JUDGE

Crl.M.C.No.9101/2016 3

Usha Kumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

Usha Kumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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