Allowed

Vinod v. State of Kerala

Kerala HC8 Feb 2021Bail Appl./309/2021

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to four accused persons charged with offences under Sections 498A and 34 of the IPC. The court allowed bail subject to executing a bond and complying with specific conditions regarding interrogation, investigation cooperation, and refraining from tampering with evidence or committing further offences.

What did the court decide?

Pre-arrest bail granted to all petitioners subject to execution of bond of Rs. 1,00,000 each with two sureties and compliance with five specific conditions.

Vinod Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2021)

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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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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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Bail Appl..No.309 OF 2021

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CRIME NO.747/2020 OF Thrikkakara Police Station , Ernakulam

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PETITIONERS/ACCUSED :-

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1 VINOD AGED 37 YEARS VISHNU KRIPA, VRINDHAVAN NAGAR, NSS ENGINEERING COLLEGE P.O, PALAKKAD, PIN - 678 008. PRESENTLY RESIDING AT FLAT NO.502, HAPPY SHIVA, CEPZ P.O, KAKKANAD, ENAKULAM, 682 037. 682037

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2 VIJAYAN AGED 64 YEARS VISHNU KRIPA, VRINDHAVAN NAGAR, NSS ENGINEERING COLLEGE P.O, PALAKKAD, 678 008. 678008

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3 MEENA AGED 54 YEARS VISHNU KRIPA, VRINDHAVAN NAGAR, NSS ENGINEERING COLLEGE P.O, PALAKKAD, 678 008 678008

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4 VIDHYA AGED 38 YEARS VISHNU KRIPA, VRINDHAVAN NAGAR, NSS ENGINEERING COLLEGE P.O,

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Bail Appl..No.309 OF 2021

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PALAKKAD, 678 008

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENTS :-

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

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682031

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2 THE STATION HOUSE OFFICER THRIKAKKARA POLICE STATION, THRIKAKKARA P.O., ERNAKULAM DISTRICT

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C.N.PRABHAKARAN -SR.P.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.309 OF 2021

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ORDER

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Dated this the 8th day of February 2021

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Application for pre-arrest bail.

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Petitioners are accused Nos.1 to 4 in Crime

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No.747 of 2020 of Thrikkakra Police Station

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registered for the offences punishable under Sections 498A and section 34 of the Indian Penal Code.

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The first petitioner is the husband of the

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defacto complainant. The second and third petitioners are his parents and the fourth petitioner is the

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sister of the first petitioner. The marriage of the

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first petitioner and the defacto complainant was solemnized as per the rites and ceremonies of the

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Hindu community on 02.09.2012 and they were residing

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together as husband and wife. The couple has a minor

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child. The child was born in the year 2016. While

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the defacto complainant was residing with these petitioners, she was subjected to harassment both

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mentally and physically by these petitioners demanding money and gold. Thereby, they have

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Bail Appl..No.309 OF 2021

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committed the aforesaid offences.

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petitioners as well the learned Public Prosecutor.

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The learned counsel for the petitioners

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would submit that in fact the defacto complainant had left his house in the year 2019 and she is residing at her paternal house. Since the first petitioner was

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not permitted to see his minor child, he had

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preferred a petition before the Family Court for custody of the child in the year 2020. He has also filed an application to permit him to interact with

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the child. Then immediately, the defacto complainant

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had preferred this complainant against these

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petitioners by falsely implicating them. In fact,

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they have not committed any offence as alleged by the prosecution but they apprehend arrest and torture by the police and hence this application.

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The learned Public Prosecutor has submitted

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that the investigation of the case is well in

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progress and nobody has been arrested till date.

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Having regard to the nature of the accusation

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Bail Appl..No.309 OF 2021

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levelled against these petitioners as well the other facts and circumstances involved in this case, I find

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that this application can be allowed and pre-arrest

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bail can be granted to all the petitioners subject to the following conditions :-

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(i) The petitioners shall be released on bail on executing a bond for a sum of Rs.1,00,000/(Rupees fifty thousand only) each with two

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solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of their arrest.

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(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

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(iii) They shall co-operate with the

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investigation and trial of the case.

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(iv) They shall not directly or indirectly,

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make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(v) They shall not commit any offence while on bail.

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Bail Appl..No.309 OF 2021

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In case of violation of any of the above

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conditions, the learned Magistrate is empowered to

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cancel the bail in accordance with the law.

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Sd/-

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SHIRCY V. JUDGE

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SMA

Vinod v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vinod v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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