XXXXX vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 21, 2022

~3 min read

https://sooperkanoon.com/case/1444490

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1444490
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 21, 2022
Case Number: Bail Appl./563/2022

Parties & Advocates

Appellant / Petitioner

XXXXX

Respondent

State of Kerala

Excerpt

.....bail appl. no. 563 of 2022 2orderthis is an application for anticipatory bail.2. petitioner is the accused in crime no.1244/2021 ofedathala police station, alleging commission of offences under sections 341, 323 and 506 of the indian penal code and section 75 of the juvenile justice (care and protection of children act).3. allegation against the petitioner is that the petitionerphysically assaulted his minor daughter and slapped her on her face, as a result of which her eyesight was slightly affected and that sent her out of his house and locked the door, following which the mother of the child, who is divorced from the petitioner, had to come and take her to her house at about 10.30 pm on 30.11.2021.4. learned counsel appearing for the petitioner submitsthat the petitioner and his first wife had divorced and both of them had remarried. it is submitted that the victim in this case was born out of the relationship with his first wife and she had been residing with the petitioner for the last 4 ½ years and no sort of complaint has been raised till now and that the allegation that the petitioner had assaulted his minor daughter in the manner indicted above is an allegation raised by the minorbail appl. no. 563 of 2022 3 daughter at the instance of his former wife. it is submitted that the petitioner may be directed to be released on anticipatory bail.5. learned public prosecutor has produced before me astatement given by the minor daughter of the petitioner as well as the wound certificate issued by the government district hospital, aluva. a reading of the statement of the victim girl and the contents of the wound certificate clearly indicate that the allegations raised against the petitioner appear to be true. the minor victim is now studying in the ninth standard. she was living with the petitioner after the petitioner was separated from his wife, the mother of the minor victim. the minor victim has explained the harassment that she has suffered at the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 21ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 BAIL APPL. NO. 563 OF 2022 CRIME NO.1244/2021 OF EDATHALA POLICE STATION PETITIONER/ACCUSED: XXXXX X BY ADVS. KRISHNADAS P. NAIR K.L.SREEKALA HARIDAS P.NAIR M.A.VINOD M.RAJESH KUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER EDATHALA POLICE STATION, ERNAKULAM DISTRICT - 683 106. SRI. M. C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 563 OF 2022 2

ORDER

This is an application for anticipatory bail.

2. Petitioner is the accused in Crime No.1244/2021 of

Edathala police station, alleging commission of offences under Sections 341, 323 and 506 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children Act).

3. Allegation against the petitioner is that the petitioner

physically assaulted his minor daughter and slapped her on her face, as a result of which her eyesight was slightly affected and that sent her out of his house and locked the door, following which the mother of the child, who is divorced from the petitioner, had to come and take her to her house at about 10.30 pm on 30.11.2021.

4. Learned counsel appearing for the petitioner submits

that the petitioner and his first wife had divorced and both of them had remarried. It is submitted that the victim in this case was born out of the relationship with his first wife and she had been residing with the petitioner for the last 4 ½ years and no sort of complaint has been raised till now and that the allegation that the petitioner had assaulted his minor daughter in the manner indicted above is an allegation raised by the minor

BAIL APPL. NO. 563 OF 2022 3 daughter at the instance of his former wife. It is submitted that the petitioner may be directed to be released on anticipatory bail.

5. Learned Public Prosecutor has produced before me a

statement given by the minor daughter of the petitioner as well as the wound certificate issued by the Government District Hospital, Aluva. A reading of the statement of the victim girl and the contents of the wound certificate clearly indicate that the allegations raised against the petitioner appear to be true. The minor victim is now studying in the ninth standard. She was living with the petitioner after the petitioner was separated from his wife, the mother of the minor victim. The minor victim has explained the harassment that she has suffered at the hands of the petitioner. For all the above reasons, I am of the view that petitioner is not entitled to anticipatory bail. The bail application fails and accordingly the bail application will stand dismissed. Any observation contained in this order is only for the purpose of considering the entitlement of the petitioner for bail and shall not be treated as a finding by this Court on any point.

sd/- GOPINATH P., JUDGE ajt

Same Court & Year Kerala Orders · 2022 Same Parties XXXXX vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.