Allowed

1. Jimson James v. State of Kerala

Kerala HC7 Sept 2023Bail Appl./3992/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to three petitioners facing charges under sections 498A, 294(b), 323 and 506 IPC registered by the wife of the first petitioner. The court imposed conditions regarding bond execution, appearance before investigation authorities, and non-interference with witnesses or investigation.

What did the court decide?

Petitioners released on anticipatory bail subject to executing bonds, appearing as summoned, not interfering with investigation or witnesses, and not committing other crimes.

1. Jimson James Vs State of Kerala — Domestic Violence | 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 MR. JUSTICE GOPINATH P.

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THURSDAY, THE 7^TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945

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BAIL APPL. NO. 3992 OF 2023

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PETITIONERS:

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1 1. JIMSON JAMESAGED 35 YEARSS/O JAMES V.A, VALIYAPARAMBIL HOUSE, VAZHITALA P.O, PALAM JUNCTION, THODUPUZHA , IDUKKI, PIN - 685583

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2 2. JAMES V.AAGED 65 YEARSS/O ABRAHAM, VALIYAPARAMBIL VEEDU, MARIKA P.O, KOOTHATTUKULAM, ERNAKULAM, PIN - 686662 3 3. MERCY JAMESAGED 56 YEARSW/O JAMES V.A VALIYAPARAMBIL VEEDU, MARIKA P.O KOOTHATTUKULAM, ERNAKULAM, PIN - 686662 BY ADVS. S.SAJU A.V.SAJAN ANJANADEVI.G SWETHA.S. NAINA FAHIMATH M.S.

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RESPONDENTS:

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1 STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 2. SONIYA PHILIPAGED 35 YEARSD/O PHILIP, NELLIKUNNEL HOUSE, MUKKUDOM P.O, IDUKKI DISTRICT, PIN-685562, CURRENTLY RESIDING AT VALIYAPARAMBIL HOUSE, VAZHITALA P.O, PALAM JUNCTION,THODUPUZHA , IDUKKI, PIN - 685583 BY ADVS. Biju Mathew M.S.AMAL DHARSAN(K/728/2015) SMT. SREEJA V (SR PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A No.3992/2023

O R D E R

Petitioners are the accused in Crime No.395/2023 of Karimkunnam Police Station of Idukki District on the basis of a complaint filed by the 2^nd respondent, who is the wife of the first petitioner.

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The learned counsel appearing for the petitioners would submit that the aforesaid crime has been registered alleging the commission of offences under Sections 498A, 294(b), 323 and 506(i) read with 34 of the Indian Penal Code. It

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is submitted that the allegations are false and that such allegations are raised only on account of other matrimonial disputes between the first petitioner and the 2^nd respondent.

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The learned Public Prosecutor, on instructions, would submit that the first petitioner who was abroad has subsequently appeared before the investigating officer. It is submitted that a final report has already been filed in the matter and anticipatory

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B.A No.3992/2023

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bail can be granted to the petitioners subject to the condition

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that they will appear before the Court as and when summons is issued to them.

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Heard the learned counsel for the 2^nd respondent 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 and also considering the fact that the first petitioner has now appeared before the investigating officer, I am of the view that the petitioners can be directed to be released on 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

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event of arrest in connection with Crime No.395/2023 of Karimkunnam Police Station of Idukki District subject to the following conditions:-

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(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the

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B.A No.3992/2023

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jurisdictional Court;

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(ii) Petitioners shall appear before the investigating officer in Crime No.395/2023 of Karimkunnam Police Station of Idukki District as and when summoned to do so;

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(iii) Petitioners shall not attempt to contact (the victim or the de facto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.395/2023 of Karimkunnam Police Station of Idukki District;

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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.395/2023 of Karimkunnam Police Station of Idukki 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

jsr/

B.A No.3992/2023

APPENDIX OF BAIL APPL. 3992/2023

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PETITIONER ANNEXURES

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Annexure A-1	THE TRUE COPY OF THE SCREENSHOTS OF THE WHATSAPP CHAT BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT / DE FACTO COMPLAINANT DATED NIL
Annexure A-2	THE TRUE COPY OF THE POLICE COMPLAINT DATED 17.05.2023 LODGED BY THE 3RD PETITIONER
Annexure A3	TRUE COPY OF THE FIR NO. 395/2023 REGISTERED BY THE KARINKUNNAM POLICE STATION DATED 19.05.2023
Annexure A4	TRUE COPY OF THE PETITION DATED 17.05.2023 FILED U/S 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FILED BY THE 2ND RESPONDENT/DE- FACTO COMPLAINANT AGAINST THE PETITIONERS IN JUDICIAL FIRST CLASS MAGISTRATE I, THODUPUZHA AS M.C. NO. 9/2023
Annexure A5	TRUE COPY OF THE WHATSAPP CHAT HISTORY BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT DATED 08.05.2023

1. Jimson James v. State of Kerala

Case brief

What is this about?

What did the court decide?

1. Jimson James v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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