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Sajeev N.K. v. State of Kerala

Kerala HC20 Dec 2021Bail Appl./8400/2021

Case brief

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What is this about?

In a bail application under Section 438 CrPC, the High Court at Ernakulam granted anticipatory bail to the petitioner, an accused in a 498A IPC case alleging domestic cruelty, subject to specific conditions including maintenance payment and non-interference.

What did the court decide?

Anticipatory bail granted subject to payment of maintenance, execution of bond, reporting to police, and specific injunctions against harassment and interference with investigation.

Sajeev N.K. Vs State of Kerala — Domestic Violence | 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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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943

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BAIL APPL. NO. 8400 OF 2021

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CRIME NO.1389/2021 OF KUNNATHUNADU POLICE STATION, ERNAKULAM

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DISTRICT

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AGAINST THE ORDER IN CRMC 2173/2021 OF I ADDITIONAL DISTRICT

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COURT, ERNAKULAM

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PETITIONER/ACCUSED NO.1:

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SAJEEV N.K.

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AGED 47 YEARS S/O.KUNJIKUTTAN, NAREEKKAL VEEDU, NORTH MAZHUVANNOOR KARA, MAZHUVANNOOR VILLAGE, MAZHUVANNOOR P. O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN - 686669.

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BY ADVS. K.R.PRATHISH S.UNNIKRISHNAN (NELLAD)

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RESPONDENT/STATE & COMPLAINANT:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.8400/2021

ORDER

This is an application for anticipatory bail.

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The petitioner is the 1^st accused in Crime No.1389/2021 of Kunnathunadu Police Station, Ernakulam District alleging commission of offences under Sections 323, 324 & 498A r/w. Section 34 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 treated her with cruelty and harassed her mentally and physically and thereby committed the offences alleged against him.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter .

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Considering the nature of the allegations in the bail application, I had directed the petitioner and the de facto complainant to appear before this Court. The de facto complainant had pointed out before this Court that specific instances of cruelty meted out to her including at the hands of the brother of the petitioner. Though mediation was attempted, the mediation failed.

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Having heard the learned counsel for the petitioner, the learned Public Prosecutor and the de facto complainant in person, I am of the view that this petition can be disposed of granting anticipatory bail to the petitioner subject to certain conditions which are necessary to be incorporated on the basis of the statements made by the de facto

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B.A.No.8400/2021

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complainant in this Court. I, therefore, direct that the petitioner shall be released on bail in the event of arrest in connection with Crime No. 1389/2021 of Kunnathunadu Police Station, subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioner shall report before the investigating officer in Crime No.1389/2021 of Kunnathunadu Police Station every Saturday at 11 a.m. until further orders;

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(iii) The petitioner shall pay a sum of Rs.5,000/- (Rupees five thousand only) as maintenance to the de facto complainant and the minor child. This amount shall be paid positively by the 5^th day of every month following this order. The first payment shall be made on or before 5^th January, 2022.

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(iv) The petitioner shall discharge the liability in respect of Electricity Consumer N0.1155960015403, which is the electricity connection to the house where the de facto complainant and the minor child of the petitioner are staying.

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(v) The petitioner shall not disturb the peaceful residence of the de facto complainant and the minor child.

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(vi) The petitioner shall pay the school fees of the minor child, 'Anusree', who is studying in St. George Public School, Mannur without fail. (vii) The petitioner shall not attempt to interfere with the

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B.A.No.8400/2021

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investigation, influence or intimidate the de facto complainant or any witness in Crime No. 1389/2021 of Kunnathunadu Police Station;

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(viii) The petitioner 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 or the de facto complainant in Crime No.1389/2021 of Kunnathunadu Police Station, Ernakulam District will be entitled to apply before this Court, for cancellation of bail.

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sd/-

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GOPINATH P. JUDGE

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acd

Sajeev N.K. v. State of Kerala

Case brief

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Sajeev N.K. v. State of Kerala

Case brief

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