Allowed

Subin v. State of Kerala

Kerala HC22 Dec 2021Bail Appl./9695/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by five accused persons accused of offences under Sections 498A and 324 IPC alleging dowry harassment and torture. The court held that custodial interrogation was not necessary for the investigation and granted bail subject to specific conditions.

What did the court decide?

Petitioners granted anticipatory bail and directed to be released upon arrest subject to conditions including bond execution, appearance before the Investigating Officer, and non-interference with the

Subin 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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WEDNESDAY, THE 22^ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943

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BAIL APPL. NO. 9695 OF 2021

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Crime No.699/2021 of Vellarikundu Police Station

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PETITIONERS/ACCUSED 1 TO 5:

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1 SUBIN AGED 32 YEARS, (A1) S/O. JOSEPH, R/AT. KIZHAKKETHIL THEKKETTATHU, NATTAKKAL P. O., WEST ELERI, HOASURG TALUK, KASARAGOD DISTRICT - 671 533.

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2 JOSEPH AGED 82 YEARS, (A2) S/O. MATHAI, R/AT. KIZHAKKETHIL THEKKETTATHU, NATTAKKAL P. O., WEST ELERI, HOASURG TALUK, KASARAGOD DISTRICT - 671 533.

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3 KUTTIYAMMA AGED 80 YEARS, (A3) W/O. JOSEPH, R/AT. KIZHAKKETHIL THEKKETTATHU, NATTAKKAL P. O., WEST ELERI, HOASURG TALUK, KASARAGOD DISTRICT - 671 533.

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4 SHYNI BABU AGED 50 YEARS, (A4) W/O. BABU JOSEPH, R/AT. VENGAYIL, KADAPPOOR, VATTUKKULAM P. O., KANAKKARI, KOTTAYAM - 686 502. 5 BABU JOSEPH AGED 55 YEARS (A5) S/O. CHERIYAN JOSEPH, R/AT. VENGAYIL, KADAPPOOR, VATTUKKULAM P. O., KANAKKARI, KOTTAYAM - 686 502. BY ADVS. HEMALATHA BINU GEORGE

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RESPONDENT/STATE:

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

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OTHER PRESENT:

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SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.9695/2021

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O R D E R

The petitioners are the accused in Crime No.699/2021 of Vellarikundu Police Station, Kasaragod District alleging commission of offences under Section 498A read with Section 324 of the Indian Penal Code.

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The allegation against the petitioners is that after the marriage of the 1^st petitioner with the de facto complainant, on 11-01-2021, the petitioners/accused tortured her mentally and physically demanding dowry and property. It is further alleged that on 29-11-2021 the 2^nd accused tied a towel on the neck of the de facto complainant and at the same time the 2^nd petitioner had beaten her by using a stick.

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The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the allegation an 82 year old father of the 1^st petitioner, the 2^nd petitioner herein, would have tied a towel on the neck of the de facto complainant is so preposterous and unbelievable. It is submitted that the 1^st petitioner and the de facto complainant lived together as husband and wife only for a short while and there was no occasion of harassment as alleged by the de facto complainant. Lastly, it is submitted that the custodial interrogation of the petitioners is not necessary for the purposes of investigation.

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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 petitioners is not necessary for a proper investigation into the matter, I am inclined to grant anticipatory bail to the petitioners subject to conditions.

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B.A. No.9695/2021 -3-

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In the result, this bail 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.699/2021 of Vellarikundu Police Station subject to the following conditions:-

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

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(ii) The 1^st petitioner shall appear before the Investigating officer in Crime No.699/2021 of Vellarikundu Police Station at 9 a.m on 03-01-2022 and 04-012022 and thereafter as and when called upon to do so;

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(iii) 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.699/2021 of Vellarikundu Police Station;

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(iv) 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.699/2021 of Vellarikundu Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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AMG

Subin v. State of Kerala

Case brief

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Subin v. State of Kerala

Case brief

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