Dismissed

Bijulal v. State of Kerala

Kerala HC15 Nov 2019Bail Appl./7670/2019

Case brief

AI extract

What is this about?

In this bail application arising from IPC charges of cruelty of Section 498A and Section 323, this Court held that the case of the accused, being a police officer with potential to influence witnesses, was not a fit case for anticipatory bail.

What did the court decide?

Anticipatory bail dismissed; petitioner directed to surrender for interrogation before 30.11.2019 for subsequent consideration by Magistrate.

Bijulal Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941

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Bail Appl..No.7670 OF 2019

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CRIME NO.2365/2019 OF Kundara Police Station , Kollam

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PETITIONER/S:

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BIJULAL, AGED 44 YEARS, S/O. GOPALAN, LAL NIVAS, NEAR KURISADI JUNCTION, PERUMPUZHA, PUNUKKANNOOR KUNDARA, KOLLAM DISTRICT.

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BY ADVS. SRI.H.NUJUMUDEEN SMT.G.GIGIMOL

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RESPONDENT/S:

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STATE OF KERALA REP. BY S.H.O. OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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OTHER PRESENT:

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.7670 OF 2019

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ALEXANDER THOMAS, J .

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B.A.No.7670 Of 2019

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Dated this the 15^th day of November, 2019.

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O R D E R

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The petitioner herein has been arrayed as the sole accused in the instant Crime No.2365/2019 of Kundara Police Station, Kollam District, registered for offences punishable under Secs.498A & 323 of the I.P.C., on the basis of the FI statement given by the lady de facto complainant on 18.10.2019 at about 9:15 p.m. in respect of the alleged incidents happened on the previous day on 17.10.2019 at about 11:30 p.m. in the night.

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The prosecution case in short is that the petitioneraccused, aged 44 years, is working as a Civil Police Officer in the Police Department of the State and the lady de facto complainant in this case, aged 40 years, is the wife of the petitioner herein. She was facing marital discords in her marital life and that on 17.10.2019 at about 11:30 p.m., the petitioner had made altercations with her and then had slapped on her face and poured kerosene over her head, etc.

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Bail Appl..No.7670 OF 2019

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The learned counsel for the petitioner would submit that the abovesaid allegations raised against the petitioner are false and baseless and the alleged incidents were happened on 17.10.2019 at about 11:30 p.m. whereas the impugned FI statement was filed only as late as on 18.10.2019 at about 9:15 p.m. in the night and the delay has not been explained, etc. Further that custodial interrogation of the petitioner is not necessary in this case and this Court may grant anticipatory bail to the petitioner subject to stringent conditions.

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The learned Prosecutor has opposed the grant of bail and has submitted that there is no significant delay in this case and the incident had happened on 17.10.2019 at 11:30 in the night and immediately on the next day, on 18.10.2019, the lady de facto complainant has submitted a complaint/petition before the District Police Chief concerned and it is thereafter she has given her FI statement to the Police Station concerned, which was recorded at 9:15 p.m. on 18.10.2019. Further that the petitioner is a member of the Police force and there is every possibility of the petitioner influencing and intimidating the witnesses, more particularly the lady de facto complainant, who is her wife, etc.

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Bail Appl..No.7670 OF 2019

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After having heard both sides and on an evaluation of the facts and circumstances in this case, more particularly taking into account some of the abovesaid aspects highlighted by the prosecution, etc., this Court is constrained to take the view that this is not a fit case in the matter of exercising discretion under Sec.438 of the Cr.P.C for grant of anticipatory bail.

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The learned counsel for the petitioner would then submit that the petitioner would immediately surrender before the Magistrate concerned so that his bail application could be considered on the same day of his appearance after completion of the interrogation process.

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Accordingly, it is ordered in the interest of justice that it is for the petitioner to immediately surrender and personally appear before the Investigating Officer concerned for interrogation purposes without any further delay at any rate by 9:00 a.m. on any day on or before 30.11.2019. The petitioner will fully cooperate with the interrogation process. After the interrogation process is over, the Investigating Officer will produce the petitioner before the jurisdictional Magistrate Court concerned in relation to the instant crime and thereupon the learned Magistrate will consider and pass orders on the bail application of the petitioner

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Bail Appl..No.7670 OF 2019

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on the same day of his production, after hearing the petitioner's counsel and the Prosecutor and after duly taking note of the facts and circumstances of the case. It is made clear that the grant of bail to the petitioner will be fully within the domain and province of the learned Magistrate, after taking due note of the facts and circumstances of the case.

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Accordingly, the application fails and the same will stand dismissed.

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Sd/ALEXANDER THOMAS, Judge.

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bkn/-

Bijulal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bijulal v. State of Kerala

Case brief

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