Allowed

Xxx v. State of Kerala

Kerala HC7 Dec 2021Bail Appl./6265/2021

Case brief

AI extract

What is this about?

In bail application No. 6265 of 2021, the High Court of Kerala allowed anticipatory bail for the petitioner accused of offences under Sections 498A, 323, 324 IPC and the DV Act, imposing conditions to execute bond, appear when summoned, not contact the complainant, and not enter local police limits.

What did the court decide?

Anticipatory bail granted with conditions including bond execution, appearance when summoned, non-contact with complainant, no entry into local police limits, and prohibition of further crimes.

Xxx Vs State of Kerala — Domestic Violence | Kerala HC (2021)

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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 GOPINATH P.

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TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6265 OF 2021

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CRIME NO.509/2021 OF Vadanappally Police Station, Thrissur

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PETITIONER/ACCUSED:

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XXX AGED 1 YEARS X BY ADVS. C.DHEERAJ RAJAN K.ANAND (A-1921)

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 ADDL.R2.YYY ADDLR 2 IMPLEDED AS PER ORDER DATED 7.12.2021 IN CRL.M.A.3/2021

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BY ADVS. BENOJ C AUGUSTIN RAFEEK. V.K. P.PARVATHY MANAS P HAMEED AATHIRA SUNNY ELDHO.N.MONCY NASEEBA K.T. NAZRIN HALLAJ SHILPA M.RAJAN

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SRI. .C.N.PRABHAKARAN – SR.P.P.

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ADV. SAIJO HASSAN – ADDL.R2

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6265 OF 2021

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ORDER

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Petitioner is the accused in Crime No. 509/2021 of Vadanappilly Police Station, Thrissur District alleging commission of offences punishable under Sections 498(A), 323, 324 of the Indian Penal Code and 31(1) r/w 32(1) of the Protection of Women from Domestic Violence Act 2005 and Section 75 of the Juvenile Justice Act, 2015.

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The accused married the de facto complainant on 4.3.2000 and two children were born out of the wedlock. It is alleged that the accused started to harass the de facto complainant demanding more dowry and finally she was driven out of the matrimonial home on 02.04.2021 despite a protection order from the Judicial First Class Magistrate Court, Chavakkad. It is also alleged that the accused had been beaten up the de facto complainant with a belt and thereby she had sustained injuries.

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The learned counsel for the petitioner submits that though mediation was attempted following the order of this Court, the

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BAIL APPL. NO. 6265 OF 2021

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mediation failed. It is also submitted that an amount of Rs.32,000/- had been paid towards arrears of maintenance following the directions issued by this Court on 26.10.2021. It is submitted that taking into consideration the nature of the allegations, custodial interrogation of the petitioner is not necessary.

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I heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the de facto complainant as well.

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The learned Public Prosecutor submits that the investigation of the matter is progressing and grant of bail if at all, must be with conditions that the petitioner/accused does not interfere with the investigation in any manner. The learned counsel for the de facto complainant vehemently opposes the grant of anticipatory bail. He submits that the petitioner has not paid the maintenance amount due in respect of the de facto complainant and two minor children. It is submitted that the de facto complainant is finding

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BAIL APPL. NO. 6265 OF 2021

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very difficult to make both ends meet on account of the failure of the petitioner to pay maintenance as directed by the Judicial First Class Magistrate Court, Chavakkad. It is also submitted that this is the third complaint filed alleging commission of offence under Section 498(A) of the Indian Penal Code. On earlier occasions, on complaint being filed, the petitioner had settled the matter and the parties had started living together.

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The learned counsel for the petitioner adds that the petitioner had lost his job abroad and had to undergo a major eye surgery and this was the reason why there was arrears of maintenance due in respect of the de facto complainant and the children. It is also submitted that the de facto complainant and children are now living in a house jointly owned by the petitioner and the de facto complainant.

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Having regard to the facts and circumstances of the case and the nature of allegations against the petitioner, I am of the view that the petitioner can be granted anticipatory bail

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BAIL APPL. NO. 6265 OF 2021

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subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.509/2021 of Vadanappilly police Station subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of

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Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.509/2021 of Vadanappilly Police station as and when summoned to do so;

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(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.509/2021 of Vadanappilly police station;

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(iv) The petitioner shall not involve in any other crime while on bail.

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(vi) The petitioner shall not enter the local limits of

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BAIL APPL. NO. 6265 OF 2021

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Vadanappilly Police Station except for the purpose of complying with condition No.(ii) above.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.509/2021 of Vadanappilly police station may file an application before the jurisdictional Court, for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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al/-

Xxx v. State of Kerala

Case brief

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Xxx v. State of Kerala

Case brief

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