Allowed

S. Sunil Kumar v. State of Kerala

Kerala HC25 May 2022Bail Appl./3357/2022

Case brief

AI extract

What is this about?

Justice C. Jayachandran allowed a bail application filed by two accused persons in a criminal case alleging offences related to physical assault and outrage of modesty arising from a property dispute. The court ordered their release on bail subject to standard conditions.

What did the court decide?

Bail granted subject to appearance before investigating officer and conditions regarding inducement and non-commission of further offences.

S. Sunil Kumar Vs State of Kerala — Cheque Dishonour | 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 C. JAYACHANDRAN

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WEDNESDAY, THE 25^TH DAY OF MAY 2022 / 4TH JYAISHTA, 1944

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BAIL APPL. NO. 3357 OF 2022

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Crime No.319 of 2022 of Vithura Police Station

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PETITIONERS:

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1 S. SUNIL KUMAR AGED 54 YEARS S/O SIVANANDAN, AGED 54 YEARS, T.C. NO.34/326 GANGOTHRI, KALPAKA GARDENS, NETTAYAM P.O., THIRUVANANTHAPURAM-695013

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2 JYOTHI I. P AGED 43 YEARS W/O SAJU, AGED 43 YEARS, M.G. SADANAM, PACHA P.O.,NANNIYOD, PALODE, THIRUVANANTHAPURAM, PIN – 695562

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BY ADVS. MUHAMMAD JASHEEN J. LEKSHMI RAMAKRISHNAN RAJEEV A.R.

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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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SMT S L SYLAJA, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 3357 OF 2022

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C.JAYACHANDRAN, J.

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B.A. No.3357 of 2022

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------------------------------------- Dated this the 25^th day of May, 2022

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O R D E R

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The petitioners in this application for prearrest bail are accused persons in Crime No.319 of 2022 of Vithura Police Station. The offences alleged are under Sections 294(b), 323, 325 and 354 r/w Section 34 of the Indian Penal Code.

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2. The prosecution would allege that pursuant

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to a property dispute regarding the partition of 8 Acres of land belonging to the father of the de facto complainant's husband, there arose a scuffle between the de facto complainant and her husband on the one side and the accused persons on the other side on 27.03.2022 at 12.30 hrs. When the de facto complainant's husband attempted to speak to his father, the 2^nd accused abused and fisted

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BAIL APPL. NO. 3357 OF 2022

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him. The 1^st accused slapped the de facto complainant's husband on his left cheek, besides kicking him on his stomach. When the de facto complainant attempted to intervene, the 2^nd accused pushed her and the 1^st accused caught hold of her right hand and twisted her finger so as to cause injury, thus committing the offences enumerated above.

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Heard the learned counsel for the

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petitioners and the learned Public Prosecutor. Perused the records.

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Having heard the learned counsel appearing on both sides, this Court is of the prima facie opinion that the offence under Section 354 IPC is hardly attracted. Going by the prosecution allegations, there is no allegation, whatsoever, that the accused persons have done anything to the de facto complainant with a sexual intent or sexual desire, so as to attract the offence under

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BAIL APPL. NO. 3357 OF 2022

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Section 354 of the Penal Code. All other offences being bailable, this Court is of the opinion that the petitioners' liberty need not be curtailed in the given set of facts.

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In the result, this bail application will stand allowed. The petitioners shall appear before

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the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing bonds for sums of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

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(i) The petitioners shall co-operate with the investigation and shall appear

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before the Investigating Officer on

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every Saturdays between 10 a.m and 11

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a.m for a period of one month,

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BAIL APPL. NO. 3357 OF 2022

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thereafter as and when called for by the investigating officer until final report is filed.

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(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.

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(iii) They shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the trial Court will consider application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/C.JAYACHANDRAN JUDGE

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spk

S. Sunil Kumar v. State of Kerala

Case brief

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S. Sunil Kumar v. State of Kerala

Case brief

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