Allowed

Sitheesh Raj v. State of Kerala

Kerala HC21 Dec 2021Bail Appl./7109/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail filed by two accused persons facing charges under Sections 498A and 324 IPC alleging domestic cruelty and misappropriation of gold, granting bail subject to financial conditions and cooperation with investigation.

What did the court decide?

Accused granted anticipatory bail subject to executing bonds, cooperating with investigation, and not tampering with the complainant or witnesses.

Sitheesh Raj Vs State of Kerala — Bail and Remand | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

TUESDAY, THE 21^ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA,

¶5

1943

¶6

BAIL APPL. NO. 7109 OF 2021

¶7

CRIME NO. 650/2021 OF BINANIPURAM POLICE STATION,

¶8

ERNAKULAM

¶9

PETITIONERS/ACCUSED:

¶10

1 SITHEESH RAJ, AGED 33 YEARS S/O SIVARAMAN, RAJ BHAVAN, EAST KADUNGALLOOR, U.C.COLLEGE P.O.ALUVA-683 102.

¶11

2 KRISHNA KUMARI, AGED 52 YEARS W/O SIVARAMAN, RAJ BHAVAN, EAST KADUNGALLOOR, U C COLLEGE P.O.ALUVA-683 102.

¶12

BY ADVS. K.SHRIHARI RAO M.C.MONY

¶13

RESPONDENT/COMPLAINANT/STATE:

¶14

STATE OF KERALA

¶15

REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶16

OTHER PRESENT:

¶17

SRI. NOUSHAD K.A. (SR.PP)

¶18

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

BAIL APPL. NO. 7109 OF 2021

¶20

..2..

¶21

ORDER

¶22

This is an application for anticipatory bail.

¶23

The petitioners are the accused in Crime No.650 of 2021 of Binanipuram Police Station, which was registered alleging commission of offences under Sections 498(A) and 324 r/w Section 34 of the Indian Penal Code.

¶24

The allegation against the petitioner is that when the de facto complainant questioned the act of the 1^st petitioner (to whom she got married on 03.02.2021) in chatting over whatsapp with other women, he along with the 2^nd accused/2^nd petitioner caned her and thereafter, treated her with cruelty. It is also alleged that the gold ornaments belonging to the de facto complainant were attempted to be misappropriated for the purpose of helping the brother of the 1^st petitioner and thereby, they committed the offences alleged against them.

¶25

The learned counsel for the petitioners submits that the allegations are totally false and cooked up. It is submitted that there has been no instance of cruelty as alleged by the de facto complainant. It is submitted that the petitioners had not misappropriated any gold

¶26

BAIL APPL. NO. 7109 OF 2021

¶27

..3..

¶28

ornament of the de facto complainant. It is also submitted that, at any rate, the custodial interrogation of the petitioners is not necessary for the purpose of the investigation in the matter.

¶29

I have heard the learned Public Prosecutor also.

¶30

Having regard to the facts and circumstances of the case and considering the fact that the custodial interrogation of the petitioners is not necessary for a proper investigation into the matter, I am of the view that the petitioners can be granted bail subject to conditions.

¶31

In the result, this application is allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.650 of 2021 of Binanipuram Police Station, subject to the following conditions:

¶32

(a) Petitioners shall execute bonds for sums of Rs.50,000/(Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

¶33

(b) Petitioners shall co-operate with the investigation and the

¶34

1^st petitioner shall appear before the investigating officer in

¶35

BAIL APPL. NO. 7109 OF 2021

¶36

..4..

¶37

Crime No.650 of 2021 of Binanipuram Police Station, for three days from 03.01.2021 till 05.01.2021 at 9 am and thereafter, whenever called upon to do so.

¶38

(c) The 2^nd petitioner shall appear before the investigating officer in Crime No.650 of 2021 of Binanipuram Police Station, whenever called upon to do so;

¶39

(d) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.650 of 2021 of Binanipuram Police Station;

¶40

(e) Petitioners shall not involve in any other crime while on bail.

¶41

If any of the aforesaid conditions is violated, the investigating officer in Crime No.650 of 2021 of Binanipuram Police Station, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/21.12.2021

Sitheesh Raj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sitheesh Raj 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

Similar cases

Vipin Saseendran Vs State of Kerala

Santhamma Rajan Vs State of Kerala

Mohammed Dheeraj Vs State of Kerala

Shiju Vs State of Kerala

Sudheesh.M.v Vs State of Kerala

Noorudheen K.P. Vs State of Kerala