Allowed

Vasanthy Amma v. State of Kerala

Kerala HC19 Jul 2017Bail Appl./4656/2017

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted pre-arrest bail to petitioners charged under Sections 498 and 34 of the IPC in a matrimonial dispute case, subject to specific conditions regarding bond, sureties, interrogation, and non-interference with witnesses.

What did the court decide?

Bail granted upon execution of bond for Rs.1,00,000 each with two solvent sureties, and compliance with specified conditions regarding interrogation and witness protection.

Vasanthy Amma Vs State of Kerala — Matrimonial and Divorce | 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 MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 19TH DAY OF JULY 2017/28TH ASHADHA, 1939

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Bail Appl..No. 4656 of 2017 () -------------------------------

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CRIME NO. 613/2017 OF VITHURA POLICE STATION , THIRUVANANDAPURAM

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PETITIONERS:

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1. VASANTHY AMMA, W/O.AROMALUNNY,MAYIKKAL VEEDU,MAYYANAD,KOLLAM.

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2. SHINY, D/O VASANTHY AMMA,MAYIKKAL VEEDU,MAYYANAD,KOLLAM.

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BY ADV. SRI.M.KIRANLAL

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RESPONDENTS:

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

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2. SUB INSPECTOR OF POLICE, VITHURA POLICE STATION,THIRUVANANTHAPURAM.

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R BY PUBLIC PROSECUTOR SMT. MAYA M.N.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 1907-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SHIRCY V., J. = = = = = = = = = = = = = = = = B.A. No. 4656 of 2017

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= = = = = = = = = = = = = = = = Dated this the 19^th day of July, 2017

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ORDER

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This petition is for pre-arrest bail.

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Petitioners are accused 2 and 3 in Crime No. 613 of

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2017 of Vithura Police Station registered for the offences punishable under Sections 498 & 34 of IPC.

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The prosecution allegation is that the first accused

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has married the de facto complainant as per the custom of the community on 8.10.2013. Thereafter, they resided together as husband and wife at his residence. She was presented with gold ornaments and money by her parents. The first accused and the petitioners have misappropriated her money and gold ornaments and subjected her to both physical and mental torture and thereby committed the aforesaid offences.

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BA 4656/2017

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Learned Public Prosecutor has submitted that the investigation of the case is well in progress and she has also submitted the CD file for perusal.

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Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

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Learned counsel for the petitioners submitted that they have not committed any offence as alleged and they are totally innocent of the allegations levelled against them. The 1^st petitioner is the mother-in-law of the de facto complainant and the 2^nd petitioner is the daughter-in-law of the first petitioner. The first accused is the husband of the de facto complainant.

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On a perusal of the C.D.file, it is revealed that the investigation of the case is well in progress. It is not revealed from the records that the investigating agency would require the presence of the petitioners in custody to proceed with the investigation of the case. Hence, I think that pre-arrest bail can be granted subject to the following

BA 4656/2017

conditions:

1). The petitioners shall be released on bail in the

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event of their arrest on executing bond for Rs.1,00,000/(Rupees one lakh only) each with two solvent sureties each

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for the like sum to the satisfaction of the investigating officer.

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2). They shall appear before the Investigating Officer

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for interrogation as and when required by him, in writing.

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3). They shall not intimidate or attempt to influence the

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witnesses, nor shall they tamper with the evidence.

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4). They shall not commit any offence while they are on bail.

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5). In case of violation of any of the above conditions,

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the learned Magistrate concerned is empowered to cancel the bail in accordance with the law.

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Sd/-

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SHIRCY V. JUDGE ks True copy

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P.S.To Judge

Vasanthy Amma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vasanthy Amma v. State of Kerala

Case brief

What is this about?

What did the court decide?

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