Allowed

Saji v. State of Kerala

Kerala HC21 Mar 2022Bail Appl./32/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two accused in a domestic violence case involving offences under IPC and the Domestic Violence Act, subject to specific conditions including appearance before investigation officer and non-violation of protection orders.

What did the court decide?

Petitioners granted anticipatory bail subject to execution of surety bonds, appearance before the investigating officer, and adherence to specific conduct conditions.

Saji 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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MONDAY, THE 21^ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943

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BAIL APPL. NO. 32 OF 2022

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PETITIONERS:

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1 SAJI AGED 40 YEARS KUNNATHODI HOUSE, KURUVATOOR, SREEKRISHNAPURAM, PALAKKAD 679513. PALAKKAD, PIN - 679513

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2 UNNIKRISHNAN AGED 80 YEARS KUNNATHODI HOUSE, KURUVATOOR, SREEKRISHNAPURAM, PALAKKAD 679513. PALAKKAD, PIN - 679513 BY ADV T.K.SANDEEP

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RESPONDENT:

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

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BY ADV PUBLIC PROSECUTOR

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.32 OF 2022

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ORDER

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Petitioners are the accused in Crime No.352/2021 of Sreekrishnapuram Police Station, Palakkad district alleging commission of offences under Sections 323, 324 r/w 34 of the IPC and Section 31 of Protection of Women from Domestic Violence Act (in short 'the Domestic Violence Act').

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The allegation against the petitioners is that, on 24.09.2021 at about 01.30 PM, the 1^st accused who is the son of the defacto complainant had attacked her with a wooden reaper and the 2^nd accused who is her husband had pushed her down holding on her neck. It is submitted that the above acts of the accused were in violation of the protection order issued under the provisos of the Domestic Violence Act (in M.C.No.11/2019 on the files of the Judicial First Class Magistrate Court, Ottappalam)

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The learned counsel for the petitioners submits that the petitioners are absolutely innocent in the matter. It is submitted that as per the directions issued by this Court, both the petitioners have filed affidavits undertaking that the petitioners shall not violate any order passed in favor of the defacto complainant under

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BAIL APPL. NO.32 OF 2022

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the provisions of the Domestic Violence Act. It is submitted that the custodial interrogation of the petitioners may not be necessary for the purposes of any investigation.

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Heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the

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case and considering the nature of the allegations against the petitioners and in the light of the affidavits filed by the petiti0ners, I am of the opinion that petitioners can be granted anticipatory bail subject to conditions.

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In the result, this bail application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in connection with Crime No.352/2021 of Sreekrishnapuram Police Station, subject to the following conditions:-

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(i) Petitioners shall execute separate bonds for sums 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) Petitioners shall appear before the investigating officer in Crime No.352/2021 of Sreekrishnapuram Police Station at 10.00 AM on 30.03.2022 and thereafter

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BAIL APPL. NO.32 OF 2022

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whenever called upon to do so;

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(iii) Petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.352/2021 of Sreekrishnapuram Police Station,;

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

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(v) Petitioners shall not violate any order passed by the Judicial First Class Magistrate Court, Ottappalam in proceedings initiated by the defacto complainant under the provisions of the Domestic Violence Act.

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.352/2021 of Sreekrishnapuram Police Station, Palakkad district may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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BAIL APPL. NO.32 OF 2022

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APPENDIX OF BAIL APPL. 32/2022

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PETITIONER ANNEXURES

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Annexure I	A TRUE COPY OF THE FIR IN 352/2021 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD DIST DATED 26.09.2021
Annexure II	A TRUE COPY OF THE O.P.TICKET ISSUED BY COMMUNITY HEALTH CENTRE KADAMBAZHIPURAM DATED 25.09.2021
Annexure III	A TRUE COPY OF FIR IN CRIME 365/2021 OF SREEKRISHNAPURAM POLICE STATION DATED 13.10.2021
Annexure IV	A TRUE COPY OF FIR IN CRIME 259/2019 OF SREEKRISHNAPURAM POLICE STATION DATED 17.08.2019

Saji v. State of Kerala

Case brief

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Saji v. State of Kerala

Case brief

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