Thursday, July 25, 2013

Husband,sister,father,mother ALL run for bail. If NOT fought woman will hit jackpot + some dalas get a cut soon. if husband fights back he will get acquitted at some stage... sessions court or at least HC... but will the husband have the time, energy and money to fight back ? god knows ....

"....According to them, the defacto complainant had voluntarily gone out of the matrimonial house and she did not want to come back and for that purpose, a false case has been registered against them....."


Husband,sister,father,mother ALL run for bail. If NOT fought woman will hit jackpot + some dalas get a cut soon. if husband fights back he will get acquitted at some stage... sessions court or at least HC... but will the husband have the time, energy and money to fight back ? god knows ....



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CASE FROM JUDIS DOT NIC DOT IN SITE 
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

                THE HONOURABLE MR*JUSTICE P*BHAVADASAN

        WEDNESDAY, THE 9TH DAY OF JANUARY 2013/19TH POUSHA 1934

                    Bail Appl**No* 9534 of 2012 ()
                     ******************************
          (CRIME NO*1067/2012 OF VENJARAMOODU POLICE STATION,
                      THIRUVANANTHAPURAM DISTRICT)
                                   *******

PETITIONERS/A1 TO A4:
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     1.  SREEKUMAR, AGED 32 ,S/O.VENU, VADAKKAVIL VEEDU,
         AYILAM P.O, ATTINGAL, THIRUVANANTHAPURAM

     2.  INDIRA, AGED 58, W/O.VENU, VADAKKAVIL VEEDU,
          AYILAM P.O, TTINGAL, THIRUVANTHAPURAM

     3.  VENU, AGED 65, VADAKKAVIL VEEDU,
         AYILAM P.O, ATTINGAL, THIRUVANANTHAPURAM

     4.  SREE LATHA, AGED 36, W/O.RAJAN, VADAKKAVIL VEEDU,
          AYILAM P.O , ATTINGAL,  THIRUVANANTHAPURAM

         BY ADV. SRI.SHAJIN S.HAMEED


RESPONDENTS :
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     1.  STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR
         HIGH COURT OF KERALA, ERNAKULAM

     2.  THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION
         THIRUVANANTHAPURAM DISTRICT PIN CODE 695001

         BY  PUBLIC PROSECUTOR  SRI.V.S.SREEJITH

       THIS BAIL APPLICATION  HAVING COME UP FOR ADMISSSION ON  09.01.2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


VK



                              P.BHAVADASAN, J.
               ********************************************************************
                              B.A. No.9534 of 2012
               ********************************************************************

                 Dated this the 9th day of January, 2013.

                                          ORDER

      The petitioners are accused Nos.1 to 4 in Crime No.1067/2012 of Venjaramoodu Police Station, for having committed offences punishable under Sections 498(A), 294(b) read with 34 of the Indian Penal Code.

      2. Learned counsel for the petitioners pointed out that the allegation is totally false and they are falsely implicated in the case. According to them, the defacto complainant had voluntarily gone out of the matrimonial house and she did not want to come back and for that purpose, a false case has been registered against them.

      3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and having perused the records and since this is a matrimonial issue where reconciliation and reunion may be possible, it is felt that this is a fit case for this court to exercise extraordinary jurisdiction in favour of the petitioners. Accordingly, the application is allowed as follows:

1. The petitioners shall surrender before the Investigating Officer on or
   before 17.1.2013, who, after interrogation, shall produce the
   petitioners before the JFCM court concerned, which court on
   application by the petitioners shall release them on bail on each of
   them executing a bond for Rs.10,000/- (Rupees Ten Thousand only)
   with two solvent sureties for the like sum each to the satisfaction of
   the JFCM concerned.

2. The learned Magistrate shall ensure the identity of the sureties and
   also the veracity of the tax receipts produced by the sureties before
   granting bail to the petitioner.

3. The petitioners shall make themselves available for interrogation
   before the Investigating Officer as and when required.

4. The petitioners shall not tamper or attempt to tamper with the
   evidence and influence or try to influence the witnesses.

5. If any of the above conditions is violated, the bail granted shall stand
   cancelled and the JFCM concerned, on being satisfied of the said
   fact, shall take such steps as are available to him in accordance with
   law.


                                     P.BHAVADASAN

                                     Judge

pms


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.