Allowed

1. Beena @ Litty v. State of Kerala

Kerala HC13 Sept 2023Bail Appl./4908/2023

Case brief

AI extract

What is this about?

This order grants anticipatory bail to two accused individuals involved in a case alleging criminal negligence and attempted assault on a woman and her mother. The court allowed bail subject to conditions regarding bond execution, appearance, and non-interference with witnesses or investigations based on completed investigation and non-custodial necessity.

What did the court decide?

Petitioners granted anticipatory bail in Crime No.1225 of 2023 subject to bond execution, appearance, non-interference with investigation, and avoiding other crimes.

1. Beena @ Litty Vs State of Kerala — Cheating and Forgery | 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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WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945

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BAIL APPL. NO. 4908 OF 2023

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Crime No.1225 of 2023 of Ernakulam Town North Police Station

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PETITIONERS/ACCUSED 1 & 2:

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1BEENA @ LITTY
AGED 54 YEARS, W/O.MANOJ KUMAR
KUNNAMKULATH HOUSE,
ERANHIKKAL. P.O., ELATHUR, KOZHIKODE,
HAD FORMER RENTED ADDRESS :KALLADA HOUSE, DON BOSCO,
VADUTHALA, ERNAKULAM
2AKHIL K
AGED 24 YEARS,
S/O.MANOJ KUMAR
KUNNAMKULATH HOUSE,
ERANHIKKAL.P.O., ELATHUR,
KOZHIKODE
HAD FORMER RENTED ADDRESS :KALLADA HOUSE, DON BOSCO,
VADUTHALA, ERNAKULAM
BY ADV MINI GANGADHARAN

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2MERLIN SUNNY,
AGED 23 YEARS,
AZHIKAKATHU, KAKKADU,
THIRUVANIYOOR, PUTHENCRUZ,
MAMALA P.O., ERNAKULAM., PIN - 682305
BY ADVS.
SHIJU VARGHESE (ERNAKULAM)
K.A.SUJAN(K/389/2006)
P.SAJEEV (PERUMPALAM)(K/967/2007)

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OTHER PRESENT:

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SRI. NOUSHAD K A( SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.4908 of 2023

O R D E R

This is an application for anticipatory bail.

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Petitioners are accused Nos.1 and 2 in Crime

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No.1225 of 2023 of Ernakulam Town North Police Station, alleging commission of offences under Sections 323, 354, 354(b) r/w Section 34 of the Indian Penal Code.

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The allegation against the petitioners is that the petitioners brutally attacked the second respondent and her mother on 07.06.2023 at about 5.00 p.m. The second respondent is the wife of the younger son of the first petitioner (the younger brother of the second petitioner).

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The learned counsel appearing for the petitioners would submit that the second respondent along with her mother and another person claiming to be a police man trespassed into the house of the petitioners and brutally attacked the younger son of the first petitioner and also the second petitioner, as a result of which, both of them have sustained injuries. It is submitted that a First Information Report has been lodged against the second respondent and others by the first petitioner regarding the incident. It is submitted that though crime has been registered, no further investigation has taken place into that complaint. It is

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BA No.4908 of 2023

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submitted that in order to cover up the misleads of the second respondent and her mother and the other person who accompanied them, a false complaint has been registered against the petitioners.

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The learned Public Prosecutor refers to the facts and circumstances of the case and submits that following investigation, a final report has been filed in the matter and the same is now pending as C.C.No.514 of 2023 before the Additional Chief Judicial Magistrate’s Court, Ernakulam.

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The learned counsel appearing for the second respondent vehemently opposes the grant of bail. It is submitted that there were some matrimonial disputes between the second respondent and the younger son of the first petitioner and the second respondent and her mother had gone to the house of the petitioners for settlement talks. It is submitted that when they reached there, several persons including some friends of the younger son of the first petitioner had assembled and the second respondent and her mother were brutally attacked. It is also alleged that the second respondent was disrobed and certain photographs were taken by the accused and the other persons. It is submitted that in such circumstances, the petitioners are clearly not entitled to anticipatory bail.

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BA No.4908 of 2023

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Having heard the learned counsel appearing for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the second respondent, I am of the view that the petitioners can be granted anticipatory bail. The reasons which compel me to take a view in favour of the petitioners are the following;

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(1) The disputes between the parties appear to arise arose out of matrimonial disputes between the second respondent and the younger son of the first petitioner.

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(2) The fact that the second petitioner and the younger son of the first petitioner had suffered injuries, is not disputed.

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(3) Investigation has been completed and the final report has already been filed in the matter and therefore, the custody of the petitioners does not appear to be necessary for investigation.

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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.1225 of 2023 of Ernakulam Town North Police Station subject to the following conditions:-

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BA No.4908 of 2023

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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 arresting officer;

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(ii) Petitioners shall appear before the investigating officer in Crime No.1225 of 2023 of Ernakulam Town North Police Station as and when summoned 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.1225 of 2023 of Ernakulam Town North 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.1225 of 2023 of Ernakulam Town North 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

rkj

BA No.4908 of 2023

APPENDIX OF BAIL APPL. 4908/2023

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PETITIONER ANNEXURES

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`Annexure A1` `Annexure A2`	`THE TRUE COPY OF MARRIAGE CERTIFICATE` `THE TRUE COPY OF PETITION FILED BEFORE` `SHO, ERNAKULAM TOWN NORTH POLICE STATION` `BY THE 1ST PETITIONERS YOUNGER SON ANIJIL` `ON 7TH JUNE 2023`
`Annexure A3`	`THE TRUE COPY OF RECEIPT RECEIVED BY THE` `1ST PETITIONER'S YOUNGER SON ANIJIL FROM` `ERNAKULAM NORTH POLICE STATION ON 7TH` `JUNE 2023.`
`Annexure4`	`THE TRUE COPY OF THE PETITION SUBMITTED` `BEFORE COMMISSIONER OF POLICE, ERNAKULAM`
`Annexure A5`	`THE TRUE COPY OF RECEIPT RECEIVED FROM` `COMMISSIONER OF POLICE KOCHI CITY BY THE` `1ST ACCUSED'S SON`
`Annexure A6`	`THE TRUE COPY OF THE RENT DEED DATED` `16.03.2023 IN FAVOUR OF THE 1ST` `PETITIONER'S HUSBAND, MR. MANOJ KUMAR`
`Annexure A7`	`THE TRUE COPY OF EMERGENCY DEPARTMENT` `REGISTRATION CARD FOR THE 1ST PETITIONER` `FROM GENERAL HOSPITAL ERNAKULAM DATED` `07.06.2023`
`Annexure A8`	`THE TRUE COPY OF FIR NO: 1225/2023 DATED` `10.06.2023`
`Annexure A9`	`THE TRUE COPY OF FIR OF CRIME NO:` `1369/2023 DATED 24.06.2023`
`Annexure A10`	`THE TRUE COPY OF PETITION, CMP NO:` `2066/2023 ON THE FILE OF THE ADDITIONAL` `CHIEF JUDICIAL MAGISTRATE'S COURT` `ERNAKULAM DATED 1ST JULY 2023 SEEKING TO` `MONITOR INVESTIGATION BY THE COURT`
`Annexure A11`	`THE TRUE COPY OF REPORT FILED BY` `ERNAKULAM TOWN NORTH POLICE BEFORE ACJM` `COURT, ERNAKULAM DATED 12.07.2023`
`Annexure A12`	`THE TRUE COPY OF SSLC CERTIFICATE OF THE` `1ST PETITIONERS YOUNGER SON`
`Annexure A13`	`THE TRUE PHOTOGRAPHS SHOWING THE` `ORNAMENTS ON THE WEDDING DAY`
`Annexure A14`	`THE TRUE PHOTOGRAPHS OF HER TRYING THE` `ORNAMENTS WHICH SHE TOOK FOR RENT FROM` `SHOP NAMED MEHFIL, ALUVA DATED 28.03.2023`

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BA No.4908 of 2023

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Annexure A15THE PHOTOGRAPH OF DEFACTO COMPLAINANT
ATTACKING THE 1ST PETITIONER/ 1ST ACCUSED
Annexure A16PHOTOGRAPHS OF THE DEFACTO COMPLAINANT
AND THE POLICE OFFICER ABUSING THE
PETITIONER IN FRONT OF POLICE
Annexure A17THE PHOTOGRAPHS OF THE 1ST PETITIONER/
1ST ACCUSED FACE SWOLLEN
Annexure A18THE PHOTOGRAPHS OF THE 1ST PETITIONER AND
HER SON ADMITTED IN HOSPITAL
Annexure A19THE SCREENSHOTS OF INSTAGRAM CHATS
BETWEEN 2ND RESPONDENT AND 2ND ACCUSED
DATED 22.06.2023

1. Beena @ Litty v. State of Kerala

Case brief

What is this about?

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1. Beena @ Litty v. State of Kerala

Case brief

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