Allowed

K.R.Indira v. State of Kerala

Kerala HC9 Oct 2019Bail Appl./6868/2019

Case brief

AI extract

What is this about?

High Court of Kerala granted pre-arrest bail to an accused alleged of posting messages promoting enmity under Section 153(A) IPC. The court allowed the application subject to conditions regarding investigation cooperation and non-inducement.

What did the court decide?

Pre-arrest bail granted subject to appearance before Investigating Officer within 10 days, bond of Rs. 50,000 with sureties, and conditions against interfering with investigation.

K.R.Indira Vs State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Bail Appl..No.6868 OF 2019

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CRIME NO.920/2019 OF KODUNGALLUR POLICE STATION, THRISSUR

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PETITIONER/ACCUSED:

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K.R.INDIRA, AGED 58 YEARS, D/O.V.K.RAMAN NAIR, NEST, KUTTUR, THRISSUR, WORKING AS ASSISTANT DIRECTOR, ALL INDIA RADIO, TUTICORIN, TAMILNADU.

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BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.JOHNSON GOMEZ SRI.M.R.SUDHEENDRAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KODUNGALLOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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SRI. AJITH MURALI PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6868 OF 2019

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ORDER

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

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The applicant herein is the accused in Crime No.920 of 2019 of Kodunagallur Police Station, registered under Section 153(A) of the IPC and Section 120(o) of the Kerala Police Act, 2011.

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The aforesaid crime was registered on 03.09.2019 based on a complaint lodged by Sri.M.R.Vipin Das before the Station House Officer, Kodungalloor Police Station. In his complaint, it is alleged that the applicant herein is the Programme Director of All India Radio, Tuticorin and that she is active in facebook and other social media. It is alleged that the applicant had posted certain messages in facebook, with intent to promote enmity between different groups on the ground of religion, and that her acts are prejudicial for maintenance of harmony.

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The learned counsel appearing for the applicant submitted that as an Indian citizen, all that she had done was to post certain messages in support of the National Register of Citizens. According to the learned counsel, certain persons, who have opposing views, created

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Bail Appl..No.6868 OF 2019

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a fake ID of the applicant and posted certain derogatory comments and its authorship was placed on her shoulders. Referring to Annexure-A3 complaint, it is submitted that as early as on 04.09.2019, she had approached the police and other authorities seeking initiation of action against the persons, who had hacked her account. It is finally submitted that the applicant is a lady and a senior officer with the All India Radio, Tuticorin and there cannot be any apprehension that she would abscond or interfere with the investigation.

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Heard the learned Public Prosecutor, who opposed the prayer. However, it is fairly submitted that the applicant is not involved in any other crimes and that her custodial interrogation is not necessary for the purpose of investigation.

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In view of the said submission, the applicant can be granted an order of pre-arrest bail by imposing appropriate conditions so that the investigation can proceed unhindered.

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In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if she is proposed to be arrested, she shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent

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Bail Appl..No.6868 OF 2019

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sureties each for the like sum. The above order shall be subject to the

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following conditions:

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i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on 26.10.2019 between 9 a.m. and 11 a.m. Thereafter, she shall appear as and when ordered to do so.

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ii) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iii) She shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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Bka/09.10.2019

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//TRUE COPY// P.A.TO JUDGE

K.R.Indira v. State of Kerala

Case brief

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K.R.Indira v. State of Kerala

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