Anu Mohan vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 26, 2019

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Citation: sooperkanoon.com/1901419
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 26, 2019
Case Number: Bail Appl./2664/2019

Parties & Advocates

Appellant / Petitioner

Anu Mohan

Respondent

State of Kerala

Excerpt

.....poovar, thiruvananthapuram other present: sri c k prasad pp this bail application having come up for admission on 26.04.2019, the court on the same day passed the following:o r d e rpetitioners are the accused in crime no.381/2019 of poovar police station, thiruvananthapuram for offences punishable under sections 498a and 34 of ipc. the de facto complainant is the wife of the 1st petitioner.2. the allegation is that the petitionersin furtherance of common intention, harassed the de facto complainant demanding gold and money and they misappropriated the gold ornaments and pledged it. she was also physically assaulted and harassed by the petitioners in demand for dowry. the 1st petitioner is employed in bangalore and the couple have one child.3. there is a counter allegation of the 2ndpetitioner being harassed and assaulted by the de facto complainant, regarding which a copy of the medical certificate is produced, which would show that she had sustained some swelling injuries. petitioners have no criminal antecedents. they are willing to co-operate with the investigation. there is no possibility of the petitioners absconding. therefore, custodial interrogation of the petitioners may not be necessary. in the result, bail application is allowed on the following conditions: 1.in the event of the petitioners being arrested, they shall be released on bail on each of the petitioners executing a bond for a sum of ₹50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.2. they shall appear before the investigating officer as and when call for.3. they shall not try to intimidate or attempt to influence the witnesses or in any way tamper with evidence. if the petitioners violate any of the above conditions, the prosecution is at liberty to move for cancellation of the bail. sd/- ashok menon,judge pn

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 26TH DAY OF APRIL 2019 / 6TH VAISAKHA, 1941 CRIME NO. 381/2019 OF POOVAR POLICE STATION , THIRUVANANTHAPURAM PETITIONERS/ACCUSED NO.1&2: 1 ANU MOHAN, AGED 27 YEARS, S/O MOHAN, ANU VILLA, KILLY, KOLLODU P.O., 2 ANITHAKUMARI, W/O. MOHAN, ANU VILLA, KILLY, KOLLODU P.O., BY ADV. SRI.M.R.SASITH RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2 THE SUB INSPECTOR OF POLICE, POOVAR, THIRUVANANTHAPURAM OTHER PRESENT: SRI C K PRASAD PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Petitioners are the accused in Crime No.381/2019 of Poovar Police Station, Thiruvananthapuram for offences punishable under Sections 498A and 34 of IPC. The de facto complainant is the wife of the 1st petitioner.

2. The allegation is that the petitioners

in furtherance of common intention, harassed the de facto complainant demanding gold and money and they misappropriated the gold ornaments and pledged it. She was also physically assaulted and harassed by the petitioners in demand for dowry. The 1st petitioner is employed in Bangalore and the couple have one child.

3. There is a counter allegation of the 2nd

petitioner being harassed and assaulted by the de facto complainant, regarding which a copy of the medical certificate is produced, which would show that she had sustained some swelling injuries. Petitioners have no criminal antecedents. They are willing to co-operate with the investigation. There is no possibility of the petitioners absconding. Therefore, custodial interrogation of the petitioners may not be necessary. In the result, bail application is allowed on the following conditions: 1.In the event of the petitioners being arrested, they shall be released on bail on each of the petitioners executing a bond for a sum of ₹50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2. They shall appear before the Investigating Officer as and when call for.

3. They shall not try to intimidate or attempt to influence the witnesses or in any way tamper with evidence. If the petitioners violate any of the above conditions, the prosecution is at liberty to move for cancellation of the bail. Sd/- ASHOK MENON,JUDGE Pn

Same Court & Year Kerala · 2019 Same Parties Anu Mohan vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon