Allowed

Babu v. State of Kerala

Kerala HC27 Jun 2019Bail Appl./4418/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to three accused facing charges of assault and outrage of modesty. The court noted their relationship with the complainant and admitted possibility of settlement.

What did the court decide?

Anticipatory bail granted to the petitioners on condition of surrender before SHO, payment of bond, cooperation with IO, and non-commitment of further offences.

Babu Vs State of Kerala — Anticipatory Bail | 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 MRS. JUSTICE ANNIE JOHN

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THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941

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Bail Appl..No.4418 of 2019

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CRIME NO.1129/2019 OF Sasthamcotta Police Station, Kollam

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PETITIONER/ ACCUSED NO. 1 TO 3 :

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1 BABU, AGED 48 YEARS, S/O. THANKAPPAN, CHARINJA THUNDIL VADAKATHIL HOUSE, MUTHUPILAKKADU P.O., SASTHAMCOTTA, KOLLAM DISTRICT.

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2 REGU, AGED 46 YEARS, S/O. THANKAPPAN, CHARINJA THUNDIL PADINJARATHIL HOUSE, MUTHUPILAKKADU P.O., SASTHAMCOTTA, KOLLAM DISTRICT.

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3 MALATHY,

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AGED 38 YEARS, W/O BABU, CHARINJA THUNDIL VADAKATHIL HOUSE, MUTHUPILAKKADU P.O., SASTHAMCOTTA, KOLLAM DISTRICT.

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BY ADV. SRI.ZUBAIR PULIKKOOL

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RESPONDENT/ COMPLAINANT :

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

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BY SR. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :

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Bail Appl..No.4418 of 2019

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ORDER

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The petitioners have been arrayed as accused Nos. 1 to 3 in Crime No.1129/2019 of Sasthamcotta Police Station, Kollam District for offences punishable under Sections 451, 294 (b), 323, 354 r/w. Section 34 of the Indian Penal Code. The police is harassing the petitioners as well as their family members in connection with the above said crime. The petitioners apprehending arrest in the above crime have filed the present anticipatory bail application wherein they have stated that they are close relatives and neighbours of the de facto complainant and they are innocent.

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The prosecution case is that on

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05.06.2019, at about 12.00 p.m., the petitioners trespassed into the house of the de facto complainant, assaulted with hand and used obscene words and

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Bail Appl..No.4418 of 2019

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caught hold at the chest and thereby outraged the modesty of the de facto complainant. The above attack was due to enmity that the de facto complainant has filed a case against the petitioners. The de facto complainant has given FI Statement before the police, which was produced as Annexure-I.

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The learned Public Prosecutor has strongly

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opposed the application by stating that this incident was occurred in the midnight.

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In fact the petitioner and de facto

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complainant are close relatives and neighbours. This fact is admitted. There is a property dispute in between them also. There will be a chance for settlement of the entire matters.

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Considering all these facts, I find it is just and proper to grant anticipatory bail to the petitioners on the following conditions :-

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Bail Appl..No.4418 of 2019

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The petitioners shall surrender before the Station House Officer, Sasthamcotta Police Station, Kollam District on or before 15.07.2019 between 10.00.a.m. and 11.00.a.m. and they shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each

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with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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The petitioners shall co-operate with the Investigating Officer as and when required.

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The petitioners shall not commit any such offences during this period.

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If the petitioners fail to comply with any of

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the conditions as cited above, the bail, granted to them, by this court shall stand cancelled.

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Sd/- ANNIE JOHN, JUDGE

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RKM

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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