Disposed

Vijayan v. the State of Kerala

Kerala HC22 May 2018Bail Appl./2155/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, in a bail application u/s 438 CrPC, permitted the accused to appear before the Magistrate within ten days to move a bail application on merits, noting that fears of remand were without basis in this domestic violence matter.

What did the court decide?

Applicants permitted to appear before the learned Magistrate within ten days to move a bail application for consideration on merits.

Vijayan Vs the State of Kerala — Domestic Violence | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

TUESDAY, THE 22ND DAY OF MAY 2018 / 1ST JYAISHTA, 1940

¶5

Bail Appl..No. 2155 of 2018 -------------

¶6

(CRIME NO.151/2018 OF IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT)

¶7

PETITIONERS/ACCUSED NOS.1 TO 3:

¶8

1 VIJAYAN, AGED 49 YEARS, S/O. KUTTAPPAN, MOOTHRATHIPARAMBIL, VEETTIL, IRINJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

¶9

2 LALITHA, AGED 44 YEARS, W/O. VIJAYAN, MOOTHRATHIPARAMBIL VEETTIL, IRINJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

¶10

3 AKHILA, AGED 21 YEARS, D/O. VIJAYAN, MOOTHRATHIPARAMBIL VEETTIL, IRINJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

¶11

BY ADVS.SRI.A.C.DEVY SRI.A.M.ABDULLA SRI.K.R.RAMISH

¶12

RESPONDENTS:

¶13

1. THE STATE OF KERALA REP.BY PUBLIC PROSECUTOR,

¶14

HIGH COURT OF KERALA,

¶15

ERNAKULAM, KOCHI - 31.

¶16

2. SUB INSPECTOR OF POLICE,

¶17

IRINJALAKUDA POLICE STATION, IRINJALAKUDA, PIN - 680 121.

¶18

BY PUBLIC PROSECUTOR

¶19

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

RAJA VIJAYARAGHAVAN V., J

¶21

= = = = = = = = = = = = = = = = = =

¶22

B.A. No. 2155 of 2018

¶23

= = = = = = = = = = = = = = = = = = Dated this the 22^nd day of May, 2018

¶24

ORDER

¶25

This application is filed by the applicants under Section 438 of the Code of Criminal Procedure.

¶26

The applicants herein are the accused in Crime No.151 of 2018 of the Irinjalakuda Police Station registered under Sections 341 and 323 r/w Sec.34 of the IPC and under Section 32 of the Protection of Women from Domestic Violence Act, 2005.

¶27

The allegation is that the applicants had violated the protection order granted by the learned Magistrate. The question as to whether the applicants have violated protection order or not can be adjudged only after trying them as per law.

¶28

Having heard the submissions, I am of the view that the applicants can be directed to appear before the learned Magistrate and they can be permitted to move an application for bail. The apprehension of the learned counsel that they would be remanded to custody is without basis.

¶29

-:2:-

¶30

B.A.No.2155/2018

¶31

If the applicants appear before the learned Magistrate and

¶32

move an application for bail, within ten days from today, the same shall be considered and orders shall be passed on its merits ideally on the same day itself.

¶33

This application is disposed of.

¶34

Sd/Raja Vijayaraghavan V., Judge

¶35

krj.23/5

¶36

//true copy//

¶37

P.A. To Judge

Vijayan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Vijayan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Josemon Simon Vs State of Kerala

M.K. Sajeev Vs State of Kerala

Sadanandan Vs State of Kerala

Jayaprasad Vs State of Kerala

Shafir Vs State of Kerala

Nabeel Baker Assinar Vs the State of Kerala