Allowed

Sooraj V.L. v. State of Kerala

Kerala HC8 Feb 2022Bail Appl./312/2022

Case brief

AI extract

What is this about?

Under circumstances involving alleged dowry harassment and assault under IPC Sections 498(A) and 323, the Hon'ble Court granted anticipatory bail to three accused persons, directing their release upon strict compliance with stipulated conditions regarding cooperation and non-interference.

What did the court decide?

Granted anticipatory bail subject to the petitioner's release on bond with two solvent sureties and strict adherence to conditions of cooperation and non-interference.

Sooraj V.L. Vs State of Kerala — Domestic Violence | Kerala HC (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 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 BAIL APPL. NO. 312 OF 2022

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CRIME NO.13/2022 OF EZHUKONE POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED:

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1 SOORAJ V.L., AGED 38 YEARS, S/O.VIJAYAN, RESIDING AT SURAJ BHAVAN, KAITHODU MURI, PAVITHRESHWARAM P.O., PAVITHRESHWARAM, KOLLAM DISTRICT - 691 507 (1ST ACCUSED)

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2 LEELA, AGED 64 YEARS, W/O.VIJAYAN, RESIDING AT SURAJ BHAVAN, KAITHODUMURI, PAVITHRESHWARAM P.O., PAVITHRESWARAM, KOLLAM, PIN - 691 507(2ND ACCUSED).

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3 BABY SUKANIYA, AGED 38 YEARS, D/O.VIJAYAN, RESIDING AT SURAJ BHAVAN, KAITHODU MURI, PAVITHRESHWARAM P.O., PAVITHRESHWARAM, KOLLAM, PIN - 691 507 (3RD ACCUSED).

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BY ADVS. B.DIPU SACH DEEV ARUN BABU

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RESPONDENT/S:

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

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2 INSPECTOR OF POLICE, EZHUKONE POLICE STATION, EZHUKONE, KOLLAM RURAL, KOLLAM, PIN - 691 505.

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OTHER PRESENT:

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ADV ASHI -PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BA No.312/2022

ORDER

This is an application for anticipatory bail.

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The petitioners are accused 1 to 3 in Crime No. 13 of 2022 of Ezhukone Police Station, Kollam Rural, which was registered alleging commission of offences under Sections 498(A) and 323 r/w Section 34 of the Indian Penal Code .

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The 1^st petitioner is the husband, the 2^nd petitioner is the mother-in-law and the 3^rd petitioner is the sister-in-law of the de facto complainant. The allegation against the petitioners is that after the marriage of the 1^st petitioner with the de facto complainant, the petitioners had harassed her mentally and physically, demanding more dowry and also assaulted her and thereby, they committed the offences alleged against them.

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The learned counsel for the petitioners would submit that the allegations are totally false. It is further submitted that the de facto complainant had raised the allegations only to settle other normal matrimonial disputes. It is further submitted that the petitioners have never harassed the de facto complainant demanding dowry as alleged.

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BA No.312/2022

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..3..

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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 nature of the allegations against the petitioners, I am inclined to grant anticipatory bail to the petitioners. The custodial interrogation of the petitioners may not be necessary for a proper investigation into the matter.

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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. 13 of 2022 of Ezhukone Police Station, Kollam Rural, subject to the following conditions:

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(a) Petitioners shall execute separate bonds 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) Petitioners shall co-operate with the investigation and appear before the investigating officer in Crime No. 13 of 2022 of Ezhukone Police Station, Kollam Rural, whenever called upon to do so;

BA No.312/2022

..4..

investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No. 13 of 2022 of Ezhukone Police Station, Kollam Rural;

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

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If any of the aforesaid conditions i s violated, the investigating officer in Crime No. 13 of 2022 of Ezhukone Police Station, Kollam Rural, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

bka/08.02.2022

Sooraj V.L. v. State of Kerala

Case brief

What is this about?

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Sooraj V.L. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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