Allowed

Vijayakumar P v. State of Kerala

Kerala HC25 Jan 2022Bail Appl./156/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by an accused facing charges of cruelty and assault (Sections 323, 324, 498A IPC). The court directed limited custody for investigation and fixed conditions including bond execution and appearance dates.

What did the court decide?

Petitioner granted bail subject to execution of bond, appearance before IO, cooperation with investigation, and restrictions on contacting complainant.

Vijayakumar P Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2022)

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B.A.No.156/2022

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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 25^TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943

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BAIL APPL. NO. 156 OF 2022

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CRIME NO.5760 OF 2020 OF NEDUMANGAD POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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VIJAYAKUMAR.P AGED 55 YEARS S/OPARAMESWARAN NAIR, KANCHANAM,ENIKKARA,KARAKULAMP.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695564

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BY ADV P.V.DILEEP

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

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2 THE STATION HOUSE OFFICER OFFICE OF THE NEDUMANGAD POLICE STATION, NEDUMANGAD P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695541 3 BINDHU AGED 50 YEARS D/O SARASWATHI AMMA, VANDEMATHARAM VEEDU, NEAR SIVA TEMPLE, ENIKKARA, KARAKULAM P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695564

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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 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.156/2022

ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.5760/2020 of Nedumangad Police Station alleging commission of offences under Sections 323, 324 and 498A of the Indian Penal Code.

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The allegation against the petitioner is that the petitioner treated the de facto complainant with cruelty and on 30.11.202, he attacked the her causing injuries to her fingers and also swelling on her left forearm.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and complaints have been raised unnecessarily. It is submitted that the petitioner and the de facto complainant got married in the year 1993. It is submitted that both the children of the petitioner had completed their B.Tech Course. It is submitted that the house belonging to the petitioner is given on rent by the de facto complainant and the income from the same is being enjoyed by the de facto complainant. It is submitted that, for the first time, after 1993, a complaint has been registered in the year 2020 that the petitioner had tortured the de facto complainant demanding gold and dowry.

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I have heard the learned Public Prosecutor.

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The learned Public Prosecutor, with reference to the wound certificate in respect of the de facto complainant, submits that the wound certificate corresponds to the allegations raised against the petitioner. It is submitted that there is an allegation that the petitioner had attacked the de

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B.A.No.156/2022

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facto complainant with the flat edge of a chopper causing injury to her forearm. It is also submitted that the matter is being investigated and a true picture will be revealed only after the investigation.

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Having regard to the facts and circumstances of the case, I am convinced that the custodial interrogation of the petitioner is not necessary for the purpose of investigation into Crime No.5760/2020. However, since there is an allegation that the petitioner had used a chopper to attack the de facto complainant, a limited custody of the petitioner can be given to the prosecution for the purposes of investigation.

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail in the event of his arrest in connection with Crime No.5760/2020 of Nedumangad Police Station, subject to the following conditions.

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(i) Petitioner shall execute 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 appear before the investigating officer in Crime No.5760/2020 of Nedumangad Police Station at 11 a.m. on 31.1.2022 and thereafter whenever called upon to do so;

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(iii) The petitioner shall co-operate with the investigation into Crime No.5760/2020 of Nedumangad Police Station;

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(iv) Th petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.5760/2020 of Nedumangadu Police Station;

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B.A.No.156/2022

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(iv) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.5760/2020 of Nedumangad Police Station may file an application before the jurisdictional Court for cancellation of bail.

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sd/-

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GOPINATH P. JUDGE

acd

B.A.No.156/2022

APPENDIX OF BAIL APPL. 156/2022

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PETITIONER ANNEXURES

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Annexure-1 TRUE COPY OF F.I.R IN CRIME NO. 5760/2020 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

Vijayakumar P v. State of Kerala

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Vijayakumar P v. State of Kerala

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