Athira vs State of Kerala

Type Court Judgment Court Kerala Decided May 29, 2020

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Citation: sooperkanoon.com/1754498
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: May 29, 2020
Case Number: Bail Appl./1824/2020

Parties & Advocates

Appellant / Petitioner

Athira

Respondent

State of Kerala

Excerpt

.....498a of the indian penal code. he has approached this court seeking an order of pre-arrest bail.2. this application is taken up and heard through videoconferencing.3. the 1st accused in the aforesaid crime is the brother of thepetitioner. the de facto complainant is his wife. according to the complainant, it was in the year 2019 that her marriage was solemnized with the 1st accused. she alleges that she was subjected to matrimonial cruelty by the accused.4. sri. m.v. amaresan, the learned counsel appearing for the petitionersubmitted that there is nothing to link the petitioner with the crime. the 2 nd accused in the aforesaid crime, who is the mother of the petitioner, was granted an order of pre-arrest bail by this court by annexure-a1 order. he would contend that if the petitioner is arrested and detained, she would be subjected to humiliation.5. i have heard the learned public prosecutor and have gone throughthe materials that have been made available. the allegations now levelled do not appear to be grave warranting arrest and detention of the petitioner. i am of the considered view that the custodial interrogation of the petitioner is not necessary for an effective investigation in the instant case. bail appl..no.1824 of 2020 36. in the result, this application will stand allowed. in the event of thearrest of the petitioner, she shall be released on bail on her executing a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum. the above order shall be subject to the following conditions:(i) the petitioner shall co-operate with theinvestigation shall appear before the investigating officer as and when she is called upon to do so. ii) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.iii) she shall not commit any similar offence while on.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942 Bail Appl..No.1824 OF 2020 CRIME NO.3/2020 OF PAYYANNUR POLICE STATION, KANNUR PETITIONER/ACCUSED NO.3: ATHIRA AGED 25 YEARS D/O. SURENDRAN, ARUN NIVAS, KUNHIMANGALAM AMSOM, EDANAD DESOM, P O EDATE, PAYYANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN

RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. SRI AJITH MURALI PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.1824 OF 2020 2

ORDER

The petitioner herein is arrayed as the 3 rd accused in Crime No. 3 of 2020 of Payyanur Police Station, Kannur, registered under Section 498A of the Indian Penal Code. He has approached this court seeking an order of pre-arrest bail.

2. This application is taken up and heard through Videoconferencing.

3. The 1st accused in the aforesaid crime is the brother of the

petitioner. The de facto complainant is his wife. According to the complainant, it was in the year 2019 that her marriage was solemnized with the 1st accused. She alleges that she was subjected to matrimonial cruelty by the accused.

4. Sri. M.V. Amaresan, the learned counsel appearing for the petitioner

submitted that there is nothing to link the petitioner with the crime. The 2 nd accused in the aforesaid crime, who is the mother of the petitioner, was granted an order of pre-arrest bail by this Court by annexure-A1 order. He would contend that if the petitioner is arrested and detained, she would be subjected to humiliation.

5. I have heard the learned Public Prosecutor and have gone through

the materials that have been made available. The allegations now levelled do not appear to be grave warranting arrest and detention of the petitioner. I am of the considered view that the custodial interrogation of the petitioner is not necessary for an effective investigation in the instant case. Bail Appl..No.1824 OF 2020 3

6. In the result, this application will stand allowed. In the event of the

arrest of the petitioner, she shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

(i) The petitioner shall co-operate with the

investigation shall appear before the Investigating Officer as and when she is called upon to do so. ii) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

iii) She shall not commit any similar offence while on bail. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V JUDGE PS

Same Court & Year Kerala · 2020 Same Parties Athira vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V