Allowed

Noorudheen K.P. v. State of Kerala

Kerala HC21 Dec 2021Bail Appl./7517/2021

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the petitioner accused under Sections 498A, 341, and 323 of the IPC alleging marital cruelty. The court held that custodial interrogation was unnecessary and directed release on bail upon execution of bond with sureties and cooperation with investigation.

What did the court decide?

Petitioner granted anticipatory bail subject to conditions: execution of bond with two sureties, cooperation with investigation, and no interference with complainant or witnesses.

Noorudheen K.P. 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 MR. JUSTICE GOPINATH P.

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TUESDAY, THE 21^ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943

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BAIL APPL. NO. 7517 OF 2021

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CRIME NO. 525/2021 OF KANNAPURAM POLICE STATION, KANNUR

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PETITIONER/ACCUSED:

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NOORUDHEEN K.P., AGED 46 YEARS S/O KUNHIMOIDEEN, KAMMUKANDI PUTHIYAPURAYIL, MAYYIL, CHERUPAZHASSI P.O., KANNUR DISTRICT-670 601

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BY ADVS. MATHEW KURIAKOSE G.GIREESH

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RESPONDENTS/STATE:

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1 STATE OF KERALA (CRIME NO 525/2021 OF KANNAPURAM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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ADDL.R2 MARIYAM VENDEKKAN AGED 37 YEARS D/O. HASSAN K, VENDEKKAN HOUSE, ANAMKOVVAL, IRINAVU, KALLIASSERI VILLAGE, KANNUR DISTRICT-670301

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ADDL.R2 IS IMPLEADED AS PER ORDER DATED 17.11.2021 IN CRL.MA.NO.2/2021.

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OTHER PRESENT:

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

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

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BAIL APPL. NO. 7517 OF 2021

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..2..

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.525 of 2021 of Kannapuram Police Station, Kannur District, which was registered alleging commission of offences under Sections 498A, 341 and 323 of the Indian Penal Code.

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The allegation against the petitioner is that, after the marriage with the de facto complainant, the petitioner subjected her to physical and mental cruelty and thereby, committed the offences alleged against him.

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The learned counsel for the petitioner submits that the allegations against the petitioner are completely false. It is also submitted that the petitioner is working as 'Amin' attached to the Munsiff Court, Thaliparamba and after the de facto complainant obtained a job as 'Higher Secondary Teacher', she started having some issues with the petitioner. It is also submitted that thereafter, the petitioner suffered a major accident and he was bed ridden for several months, following which, the de facto complainant left the company of the petitioner and filed a complaint which resulted in

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..3..

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BAIL APPL. NO. 7517 OF 2021

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registration of the aforesaid crime against the petitioner.

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I have heard the learned Public Prosecutor also.

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

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.525 of 2021 of Kannapuram Police Station, Kannur District, subject to the following conditions:

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

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(b) Petitioner shall co-operate with the investigation and appear before the investigating officer in Crime No.525 of 2021 of Kannapuram Police Station, Kannur District, whenever called upon to do so;

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BAIL APPL. NO. 7517 OF 2021

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..4..

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(c) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.525 of 2021 of Kannapuram Police Station, Kannur District;

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(d)Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions is violated, the investigating officer in Crime No.525 of 2021 of Kannapuram Police Station, Kannur District, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/21.12.2021

Noorudheen K.P. v. State of Kerala

Case brief

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Noorudheen K.P. v. State of Kerala

Case brief

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