Allowed

Prakash v. State of Kerala

Kerala HC8 Mar 2022Bail Appl./9413/2021

Case brief

AI extract

What is this about?

This is an anticipatory bail application for accused Nos. 1 to 5 charged with offences under Sections 498A and 506 IPC related to dowry harassment. The High Court allowed the bail application subject to executing bonds, appearing before the investigating officer, not contacting the complainant, and not committing other crimes.

What did the court decide?

Petitioners released on anticipatory bail subject to executing bonds with sureties, appearing when called, not contacting the complainant, and not committing other crimes.

Prakash Vs State of Kerala — Domestic Violence | Kerala HC (2022)

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B.A.No.9413/2021

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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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TUESDAY, THE 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943

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BAIL APPL. NO. 9413 OF 2021

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CRIME NO.2045/2021 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NOS.1 TO 5:

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1 PRAKASH,AGED 47 YEARS,S/O. PRABHAKARAN PANICKER, SREELAKSHMI, MARUTHAMCODE, IRUMBA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695564.

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2 PRADEEP,AGED 53 YEARS,S/O. PRABHAKARAN PANICKER, SARASWATHY BHAVAN, JOSEPH LANE, KACHANI, KARAKULAM PO, THIRUVANANTHAPURAM DISTRICT-695564.

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3 SARASWATHI, AGED 70 YEARS,W/O. PRABHAKARAN PANICKER, JOSEPH LANE, KACHANI, KARAKULAM PO, THIRUVANANTHAPURAM DISTRICT, PIN-695564.

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4 AJITHA, AGED 41 YEARS,W/O.PRADEEP, JOSEPH LANE, KACHANI, KARAKULAM PO, THIRUVANANTHAPURAM DISTRICT, PIN-695564.

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5 UNNIKRISHANAN,AGED 46 YEARS,S/O. SIVARAMAN,VADAKKEVILA, MELLEPUTHEN VEEDU, KARAMKULAM, TRIVANDRUM-695564.

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BY ADV M.R.SARIN

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RESPONDENTS/STATE :

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

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2 THE STATION HOUSE OFFICER, ARUVIKARA POLICE STATION, THIRUVANANTHAPURAM-695541.

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OTHER PRESENT:

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.9413/2021

ORDER

This is an application for anticipatory bail.

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The petitioners are the accused in Crime No.2045/2021 of Aruvikkara Police Station, Thiruvananthapuram District alleging commission of offences punishable under Sections 498A and 506(1) r/w. Section 34 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 13.11.2006, the petitioners have physically and mentally harassed the de facto complainant with a demand for dowry and thereby they committed the offences alleged against them.

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The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that they have been falsely implicated in the crime in order to settle other matrimonial disputes. It is submitted that the petitioner had no occasion to harass the de facto complainant in any manner.

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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 of the opinion that the petitioners can be granted anticipatory bail subject to conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of arrest in Crime No. 2045/2021 of Aruvikkara Police Station subject to the following conditions:-

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(i) Petitioners shall execute separate bonds for sums of Rs.50,000/-

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B.A.No.9413/2021

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(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. 2045/2021 of Aruvikkara Police Station 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. 2045/2021 of Aruvikkara 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. 2045/2021 of Aruvikkara 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

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acd

Prakash v. State of Kerala

Case brief

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What did the court decide?

Prakash v. State of Kerala

Case brief

What is this about?

What did the court decide?

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