Disposed

Deepu Mohan, v. State of Kerala

Kerala HC24 Jun 2019Bail Appl./4116/2019

Case brief

AI extract

What is this about?

In a bail application regarding charges of assault, criminal intimidation, and outraging modesty arising from a boundary dispute, the High Court of Kerala did not dispose of the plea. Instead, it directed the petitioner to undergo a police interrogation by a specific date, followed by appearance before the Investigating Officer for production before the Magistrate Court to consider bail.

What did the court decide?

Bail application not disposed of; directions issued for interrogation and subsequent production before Magistrate Court.

Deepu Mohan, Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

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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 ALEXANDER THOMAS

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MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941

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BAIL APPL.NO.4116 OF 2019

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PETITIONER:

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DEEPU MOHAN, AGED 26 YEARS, S/O.MOHAN KUMAR, KONDAVILAKAM, VAKKOM P.O., VAKKOM, THIRUVANANTHAPURAM DISTRICT- 695308.

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BY ADVS. SRI.K.SIJU, SMT.S.SEETHA

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2 STATION HOUSE OFFICER, KADAKKAVOOR POLICE STATION, KADAKKAVOOR P.O., THIRUVANANTHAPURAM DISTRICT- 695309.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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-------------------------------B.A. No. 4116 of 2019

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Dated this the 24^th day of June, 2019

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O R D E R

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The petitioner has been arrayed as the sole accused in Anx.2 Crime No.742/2019 of Kadakkavoor Police Station, which has been registered for offences punishable under Secs.294(b), 447, 323, 506 & 354 of the IPC, on the basis of FIS given by the lady victim aged 27 years on 2.6.2019 at 5.15 pm in respect of the events which has happened on 22.5.2019 and 28.5.2019.

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The prosecution case in short is that, as the accused was having animosity against the lady victim on account of boundary disputes, he had trespassed into her property on 22.5.2019 at about 4.30 pm, and questioned as to why she had constructed the boundary wall, and had slapped on her face, pushed her down, and as she complained to the Police, he had again trespassed into the courtyard of her house on 28.5.2019 at about 1 pm and had assaulted and intimidated her, etc.

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Counsel for the petitioner would point out that, even

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B.A. No. 4116 / 2019

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..3..

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going by the admitted allegations of the prosecution, it can be seen that the events have happened only on the basis of boundary disputes, and that the fact that there is boundary dispute between the parties is evident from Anx.1 complaint given by the petitioner before the Vakkom Grama Panchayat, etc. Learned Prosecutor has opposed the plea for grant of bail.

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After hearing both sides, and after evaluating the facts and circumstances of the case, the following directions and orders are passed.

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i. The petitioner will immediately personally appear before the Investigating Officer in relation to the instant Crime No.742/2019 of Kadakkavoor Police Station for interrogation purposes without any further delay at any rate at 10 am on any day on or before 8.7.2019.

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ii. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process.

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iii. After the interrogation process is over, the Investigating Officer will produce the petitioner before the jurisdictional Magistrate Court concerned in relation to this crime, and thereupon the said Court will consider and pass orders in the bail application of the petitioner on the same day of his

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B.A. No. 4116 / 2019

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..4..

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production, and after affording reasonable opportunity of being heard to the petitioner's counsel and the learned Prosecutor, and after taking into account the facts and circumstances of the case.

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With these observations and directions, the above Bail Application will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

Deepu Mohan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Deepu Mohan, v. 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

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