Allowed

Girija K v. State of Kerala

Kerala HC20 Mar 2017Bail Appl./1219/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by an accused charged with abetment to suicide. Finding no prima facie case for direct or indirect abetment, the court released the petitioner on bail with conditions including a bond, witness intimidation prohibition, and passport surrender.

What did the court decide?

Petitioner released on bail after interrogation by executing a bond of Rs.25,000 with two sureties, subject to conditions against witness intimidation and passport surrender.

Girija K Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2017)

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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.ABRAHAM MATHEW

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MONDAY, THE 20TH DAY OF MARCH 2017/29TH PHALGUNA, 1938

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Bail Appl..No. 1219 of 2017 ()

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------------------------------CRIME NO. 12/2017 OF HOSDURG POLICE STATION,KASARAGOD DISTRICT

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PETITIONER/ ACCUSED 4 & 5:

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GIRIJA.K, KUTTIKKAL, BALLA, HOSDURG, KASARAGOD.

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BY ADV. SMT.VIJAYAKUMARI

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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K.ABRAHAM MATHEW, J.

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B.A.No. 1219 of 2017

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-----------------------------------------------------Dated this the 20^th day of March, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the accused in Crime No.12 of 2017 of Hosdurg Police Station registered for the offence under Section 306 IPC. Her sister in-law committed suicide on 4.1.2017. The allegation is that the petitioner abutted her suicide.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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I have perused the case diary. The suicide note and the statements of the witnesses examined by the prosecution indicate that the deceased committed suicide because the petitioner made some defamatory statement about her. Prima facie, this will not attract Section 306 IPC. The prosecution has no case that indirectly or directly the petitioner abetted the suicide. So this is a fit case to grant anticipatory bail.

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In the result, this Bail Application is allowed.

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i. The petitioner shall be released on bail after interrogation on her executing a bond for Rs.25,000/(Rupees Twenty five thousand only) with two solvent sureties each for the like sum if she is arrested by the

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B.A.No. 1219 of 2017 2

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investigating officer in connection with this case.

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ii. She shall appear before the investigating

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officer for interrogation on 7^th and 14^th days after her release.

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iii. She shall not intimidate or attempt to influence the witnesses, nor shall she get herself involved in any other criminal case.

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iv. She shall surrender her passport before

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the lower court concerned or if she does not have one she shall file an affidavit to that effect within five days of

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her release.

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If she surrenders before the Magistrate, this order is not applicable

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and the learned Magistrate may pass appropriate orders.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Girija K v. State of Kerala

Case brief

What is this about?

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Girija K v. State of Kerala

Case brief

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