Allowed

Sushama Mavila, v. State of Kerala

Kerala HC1 Feb 2024Bail Appl./246/2024

Case brief

AI extract

What is this about?

High Court of Kerala allowed an application for anticipatory bail under Section 438 CrPC regarding charge of dowry harassment under Section 498A IPC. The court noted the petitioner faced no specific overt acts contrary to her and granted bail subject to conditions.

What did the court decide?

Bail granted with submission of bond of Rs. 50,000 and two sureties, upon executing said bond and fulfilling other conditions.

Sushama Mavila, Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
BAIL APPL. NO. 246 OF 2024

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CRIME NO.9/2024 OF Mattannur Police Station, Kannur
PETITIONER/2ND ACCUSED :

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SUSHAMA MAVILA,
AGED 52 YEARS
JIMSHALAYAM, KAVINMOOLA,
MANANTHERY (P O),
KANNUR, PIN - 670643
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES

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RESPONDENT/STATE :

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

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OTHER PRESENT:

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SR.PP-SRI.Renjit George

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.246 of 2024

O R D E R

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed by the second accused in Crime No.09 of 2024 of Mattannur Police Station, Kannur City, registered under Section 498(A) of the Indian Penal Code.

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The prosecution allegation is that, the

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petitioner, who is the mother-in-law of the defacto complainant and her husband, subjected her to matrimonial cruelties demanding more money and gold.

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail

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application.

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Learned counsel for the petitioner would submit that, the first accused, who is the husband of the defacto complainant, is working abroad. After he left in May 2023, the defacto complainant filed an MC case

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BA No.246 of 2024

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before Family Court, Thalassery claiming maintenance. That was posted for mediation, but it could not be settled. So, the defacto complainant filed a false case against her husband and mother-in-law, in order to pressurise them to heed to her demands.

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The allegation against the petitioner is that, he subjected her to matrimonial cruelties demanding more dowry. No specific overt act is alleged against her. Moreover, the petitioner is a 52 year old lady. In such circumstances, this Court is inclined to allow this application on the following terms;

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(i) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the arresting officer.

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(ii) The petitioner shall appear before the investigating officer as and when directed.

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(iii) The petitioner shall not influence or intimidate the witnesses, and shall not tamper with the investigation.

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BA No.246 of 2024

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(iv) The petitioner shall not commit any offence

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while on bail.

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(v) In case of violation of any of these

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conditions, the investigating officer can approach the jurisdictional Magistrate to get her bail cancelled, in

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accordance with law.

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Sd/-

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SOPHY THOMAS JUDGE

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rkj

Sushama Mavila, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sushama Mavila, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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