Allowed

Dr. Anand Rex v. the State of Kerala

Kerala HC10 Dec 2021Bail Appl./8897/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to Dr. Anand Rex in a dowry-related case under Section 498-A IPC read with Section 34 IPC. Recognizing that custodial interrogation may not be necessary, the Court released him on bail subject to non-interference with investigation and specific residence restrictions.

What did the court decide?

Petitioner released on bail subject to conditions of bond, cooperation, non-interference, residence restriction, passport surrender, and no other crimes.

Dr. Anand Rex Vs the State of Kerala — Kerala HC (2021) — LawSathi Research

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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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FRIDAY, THE 10^TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943

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BAIL APPL. NO. 8897 OF 2021

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CRIME NO.1388/2021 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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PETITIONER/ACCUSED (A1):

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DR. ANAND REX AGED 32 YEARS S/O DR. THANKAPPAN CARLOSE, FLAT NO 12A, SREEDHANYA, LAKEHOOD, AKKULAM, THIRUVANANTHAPURAM, (FORMERLY AT TC 36/359(12) CHILAMBU, MANAVA NAGAR, PETTAH, THIRUVANANTHAPURAM) BY ADVS. S.V.PREMAKUMARAN NAIR R.T.PRADEEP M.BINDUDAS K.C.HARISH

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RESPONDENT/STATE:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2 ADDL.R2.DR.GOURI PRAKASH AGED 33 YEARS D/O DR.G.HARIPRAKASH, ATHIMOODU, ARUMANOOR, POOVAR P.O, THIRUVANANTHAPURAM-695 525 IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED 30/11/2021 IN CRL.M.A.2/2021. R1 BY SRI NAUSHAD K A (SR.PP) R2 BY ADVS. K.P.SATHEESAN (SR.) P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 8897 OF 2021

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.1388 of 2021 of Vanchiyoor Police Station, Thiruvananthapuram District, alleging commission of offence under Section 498(A) read with Section 34 of the Indian Penal Code. The allegation against the petitioner and the other accused is that after the marriage of the petitioner with the de-facto complainant on 14.01.2015, the petitioner along with the other accused were mentally and physically harassing her with a demand for dowry. It is alleged that in the month of October 2020, the petitioner assaulted the de-facto complainant causing injury to her left eye. It is also alleged that the petitioner pestered the de-facto complainant with a demand for transferring the property belonging to her parents in his name. It is also alleged that around 140 s overeigns of gold belonging to the defacto complainant and her child were misappropriated by the petitioner.

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The learned counsel for the petitioner submits that the allegations are completely false. He submits that the injury to the eye of the de-facto complaint was occasioned on account of the

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BAIL APPL. NO. 8897 OF 2021

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baby son, born out of the wedlock, accidentally scratching the eye of the de-facto complainant. It is submitted that there has been no harassment in the name of dowry and the petitioner has not misappropriated any gold belonging to the de-facto complainant or her child.

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The learned Public Prosecutor and the learned counsel appearing for the de-facto complainant would submit that this is a case where the allegation is that the de-facto complainant was brutally assaulted by the petitioner owing to demand for dowry. It is submitted with reference to the medical records that there was severe trauma to the eye of the de-facto complainant and that the petitioner should not be granted anticipatory bail. It is submitted that the investigation in the matter is only progressing and if the petitioner is granted anticipatory bail, there is every change that he will obstruct and interfere with the investigation.

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The learned counsel for the de-facto complainant also submits that a false medical certificate has been produced in this Court stating that the injury to the eye of the de-facto complainant was caused on account of the baby child scratching the eye of the de-facto complainant, whereas the actual fact is that the injury was caused on account of the assault by the

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BAIL APPL. NO. 8897 OF 2021

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petitioner.

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Having regard to the facts and circumstances of the case and the nature of the allegations against the petitioner, I am of the view that the custodial interrogation of the petitioner may not be necessary for the purpose of investigation into the matter. Therefore, I am of the view that the petitioner can be granted anticipatory bail, despite the objection on the learned Public Prosecutor and the learned counsel appearing for the de-facto complainant.

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.1388 of 2021 of Vanchiyoor Police Station, Thiruvananthapuram District, subject to the following conditions:

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioner shall co-operate with the investigation

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and appear before the investigating officer in Crime No.1388 of 2021 of Vanchiyoor Police Station,

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BAIL APPL. NO. 8897 OF 2021

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Thiruvananthapuram District, whenever called upon to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.1388 of 2021 of Vanchiyoor Police Station, Thiruvananthapuram District;

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(iv) Petitioner shall not enter the local limits of the Poovar Police Station, where the de-facto complainant is residing until further orders;

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(v) Petitioner shall surrender his passport before the Jurisdictional Court;

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(vi) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1388 of 2021 of Vanchiyoor Police Station, Thiruvananthapuram District, may file an application before the Jurisdictional Court, for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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Dr. Anand Rex v. the State of Kerala

Case brief

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Dr. Anand Rex v. the State of Kerala

Case brief

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