Allowed

X1 v. State of Kerala

Kerala HC2 Dec 2021Bail Appl./5198/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to petitioners accused in Crime No.75/2021. Although initial allegations included multiple offences under the IPC and POCSO Act, the final report restricted charges to Section 498A IPC. Consequently, the court allowed bail subject to strict conditions including execution of bonds, compliance with family court maintenance orders, and non-interferen

What did the court decide?

Petitioners directed to be released on bail upon arrest in Crime No.75/2021 subject to strict conditions regarding bond execution, maintenance compliance, investigation interference, and criminal acts

X1 Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 2ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943
BAIL APPL. NO. 5198 OF 2021

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CRIME NO.75/2021 OF Ulikkal Police Station, Kannur PETITIONERs/ACCUSED:

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1X1
AGED 36 YEARS
X1
2X2
X2
3X3
X3
4X4
X4
BY ADV P.K.RAVISANKAR

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM,
2Y
Y
BY ADV K.K.RAZIA
SMT. SEETHA S., SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5198 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners are the accused in Crime No.75/2021 of Ulikkal police station, Kannur district, alleging commission of offences under sections 498A, 354, 307, 511, 365, 313 and 506(i)0 r/w. Section 34 of the Indian Penal Code and Section 5(n) r/w. 6 and 7 r/w. 8, 9(i)(n) r/w. 10 and 11 of the Protection of Children from Sexual Offences Act, 2012.

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It is now reported before me that, following investigation, a final report has been filed in the above crime wherein the only offence alleged is that under Section 498A of the Indian Penal Code. Following filing of the final report, the matter has been taken on file as C.C. No.811/2021 before the Judicial First Class Magistrate Court, Mattannoor.

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Learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter and the allegations have been raised only to settle the other matrimonial disputes between the 1^st petitioner and the de facto complainant.

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BAIL APPL. NO. 5198 OF 2021 3

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Learned counsel appearing for the de facto complainant would submit that the petitioners are not entitled to anticipatory bail, taking into consideration the allegations levelled against them. It is also submitted that despite there being an order in C.M.P. No.845/2021 in M.C. No.168/2021 of Family Court, Thalasserry, to pay interim maintenance, the 1^st petitioner has failed to comply with the said direction.

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Having regard to the facts and circumstances of the case and taking into consideration of the fact that, following investigation into Crime No.75/2021 of Ulikkal police station, a final report has been filed and the allegation is restricted to an offence under Section 498A of the Indian Penal Code and considering the fact that the custody of the petitioners is no longer required for the purpose of investigation, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.75/2021 of Ulikkal police Station subject to the following conditions:-

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BAIL APPL. NO. 5198 OF 2021 4

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(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

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(ii) The 1^st petitioner shall comply with the order in C.M.P. No.845/2021 in M.C. No.168/2021 of the Family Court, Thalasserry and shall pay arreas of any maintenance and shall continue to comply with any direction issued by that court regarding maintenance.

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(iii) Petitioners shall appear before the investigating officer in Crime No.75/2021 of Ulikkal Police station as and when summoned to do so;

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(iv) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 75/2021 of Ulikkal police station;

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(v) The petitioners shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.75/2021 of Ulikkal police

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BAIL APPL. NO. 5198 OF 2021 5

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station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

X1 v. State of Kerala

Case brief

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X1 v. State of Kerala

Case brief

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