Partly allowed

Reji K v. State of Kerala

Kerala HC7 Mar 2023Bail Appl./1177/2023

Case brief

AI extract

What is this about?

Court granted pre-arrest bail to the second applicant mother accused of abetment to suicide under Section 498A/306, imposing conditional bonds and investigation cooperation, while rejecting bail for the first applicant husband.

What did the court decide?

Bail granted to second applicant subject to bond, sureties, investigation cooperation, and other conditions; prayer for pre-arrest bail rejected for first applicant.

Reji K Vs State of Kerala — Anticipatory Bail | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 7^TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 BAIL APPL. NO. 1177 OF 2023

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CRIME NO.318/2022 OF SREEKRISHNAPURAM POLICE STATION

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PETITIONER/S:

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1 REJI K AGED 37 YEARS S/O RADHAKRISHNAN NAIR, UNNI BAVAN, KATTUKULAM, SREEKRISHNAPURAM -II, PALAKKAD, PIN - 679514

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2 RADHA AGED 56 YEARS W/O RADHAKRISHNAN, UNNI MANDRIAM, CHATHIYARA, THAMARAKKULAM, ALAPPUZHA, MAVELIKKKARA, PIN - 690530

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3 DEVI THREEDHA AGED 19 YEARS D/O BIJUKUMAR, UNNI BAVAN, KATTUKULAM, POOKOTTUKAVU, SREEKRISHNAPURAM -II, PALAKKAD, PIN - 679514 BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU GEORGIE SIMON CHANDHANA BHAIJU BASIL SAJAN BASIL SCARIA

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RESPONDENT/S:

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

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SMT. MAYA M.N., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.1177/2023

: 2 :

ORDER

Dated this the 7^th day of March, 2023

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This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

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The applicants 1 and 2 are the accused Nos.1 and 2 in Crime No.318/2022 of Sreekrishnapuram Police Station. The 3^rd applicant is not arrayed as an accused.

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The 2^nd applicant is the mother of the 1^st applicant. The 1^st and 2^nd applicants, the wife of the 1^st applicant, namely Lakshmi, along with their child were residing in the house belonging to the 1^st applicant. On 01.12.2022, the wife of the 1^st applicant, Lakshmi committed suicide by consuming poison. Crime was registered by Sreekrishnapuram Police as Crime No.318/2022 under Section 174 of Cr.P.C. During investigation, it was found that, the deceased committed suicide on account of the continuous torture by the applicants. It was further found that the applicants abetted the

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B.A.No.1177/2023

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: 3 :

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commission of suicide. Accordingly, the applicants 1 and 2 were arrayed as accused and offences under Sections 498 A and 306 were incorporated.

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I have heard Sri. Basil Chandy Vavachan, the learned counsel for the applicants and Smt. Maya M.N., the learned Public Prosecutor. Perused the case diary.

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The learned counsel for the applicants submitted

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that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence , they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

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I have gone through the F.I.S. as well as the statement of witnesses recored by the Police. In the statement of the witnesses, there are clear allegations against the 1^st applicant. The daughter of the 1^st applicant and one of his neighbours gave statement that the 1^st applicant used to

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B.A.No.1177/2023

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: 4 :

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physically and mentally harass the deceased. Thus, there are prima facie materials to connect the 1^st applicant with the crime. However, there are no specific allegations against the 2^nd applicant. The main allegation against the 2^nd applicant is that, she failed to take the deceased to the hospital in time. Considering the allegations levelled against the 2^nd applicant , her custodial interrogation does not appear to be necessary. For these reasons, I am of the view that, the pre-arrest bail can be granted to the 2^nd applicant.

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In the result, the application is allowed in part on the following conditions:-

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(i) The 2^nd applicant shall be released on bail in the event of her arrest on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

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(ii) The 2^nd applicant shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.

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(iii) The 2^nd applicant shall appear before the investigating officer between 10.00 a.m. and

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B.A.No.1177/2023

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: 5 :

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11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.

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(iv) The 2^nd applicant shall not commit any offence of a like nature while on bail.

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(v) The 2^nd applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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(vi) The 2^nd applicant shall not leave the State of Kerala without the permission of the trial Court.

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(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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The prayer for pre-arrest bail sought for by the 1^st

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applicant is rejected.

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Sd/-

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Dr. KAUSER EDAPPAGATH JUDGE

ncd

B.A.No.1177/2023

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APPENDIX OF BAIL APPL. 1177/2023

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PETITIONER ANNEXURES Annexure-1 THE TRUE COPY OF FIR IN CRIME NO. 318/2022 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD. Annexure-2 THE TRUE COPY OF ORDER DATED 23/12/2022 OF THIS HONOURABLE COURT IN BAIL APPLICATION NO. 10191/2022

Reji K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Reji K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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