Allowed

Shine Daniel, v. State of Kerala

Kerala HC7 Jun 2023Bail Appl./1082/2023

Case brief

AI extract

What is this about?

This bail application sought anticipatory bail for four accused charged with Section 498A IPC, domestic violence by a wife. The High Court, noting a prior settlement agreement was executed before the FIR, granted bail contingent on surrender for interrogation and execution of bond.

What did the court decide?

Petitioners granted bail subject to surrender for interrogation within two weeks, execution of bond with sureties, and compliance with specific terms.

Shine Daniel, Vs State of Kerala — Dowry and Cruelty | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 7TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945

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BAIL APPL. NO. 1082 OF 2023

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CRIME NO.129/2023 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSE A1 TO A4:

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1 SHINE DANIEL,

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AGED 32 YEARS
S/O VALSALADAS, BASANIA BHAVAN, PURAVOORKONAM,
KARAKULAM P.O., KARAKULAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN – 695564

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2VALSALADAS,
BASANIA BHAVAN, PURAVOORKONAM, KARAKULAM P.O.,
KARAKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN – 695564

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3SHINTO,
A.G. HOUSE, CHERUMANADU, MAILOTTUMOOZHI,
VEERANAKAVU P.O., THIRUVANANTHAPURAM DISTRICT,
PIN – 695572

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4RAJESH,
A.G. HOUSE, CHERUMANADU, MAILOTTUMOOZHI,
VEERANAKAVU P.O., THIRUVANANTHAPURAM DISTRICT,
PIN – 695572

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BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

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2 JOMY A.S.,

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D/O SHERLY, MEADOW VILLA, VETTINADU, MANDAPAM JUNCTION, VATTAPPARA P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695028

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BAIL APPL. NO. 1082 OF 2023

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BY ADVS.
PUBLIC PROSECUTOR
AJU MATHEW
ABU MATHEW(K/742/2000)
SR PP- ADV C S HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BAIL APPL. NO. 1082 OF 2023

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3

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ORDER

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The petitioners are the accused Nos.1 to 4, in Crime No.129/2023 of Vattappara Police Station. The offences alleged against the petitioners are under Section 498A of the IPC. The aforesaid crime was registered based on a complaint submitted by the 2^nd respondent herein, who is the wife of the 1^st petitioner. The 2^nd petitioner is the father of the 1^st petitioner. The 3^rd petitioner is the sister of the 1^st petitioner and the 4^th petitioner is the brother-inlaw of the 1st petitioner.

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The prosecution case is as follows: The marriage between the 1^st petitioner and the 2^nd respondent was solemnized as per the Christian religious rites on 17.05.2017. Two children were also born in the said wedlock. Subsequent to the marriage, the 1^st petitioner and the defacto complainant were residing along with the petitioners herein. It is alleged that the petitioners have subjected the 2^nd respondent to physical and mental cruelty by making constant demands for dowry. The crime was registered in such circumstances, and as the petitioners apprehend arrest in connection

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BAIL APPL. NO. 1082 OF 2023

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4

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with the investigation of the said case, this application for anticipatory bail is submitted.

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Heard Sri.R.T. Pradeep, learned counsel appearing for the petitioners, Sri.C.S. Hrithwik, learned Public Prosecutor for the State and Sri.Aju Mathew, learned counsel appearing for the 2nd respondent.

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The learned counsel for the petitioners submits that the allegations raised against the petitioners are false. According to him, consequent to the strained relationship between the parties, a settlement was arrived at between them, as evidenced by Annexure I. As per the terms of the settlement, the 1^st petitioner had to reconvey a property assigned to him at the time of marriage and also, the marriage expenses were to be repaid. The petitioners had already complied with the aforementioned conditions as evidenced by Annexure II settlement deed and Annexure IV receipt, the acknowledgement for the payment. Subsequently, when the parties decided to file an application for resolution of marriage on mutual consent, certain differences of opinion arose between them, and this

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BAIL APPL. NO. 1082 OF 2023

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5

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ultimately led to the filing of this complaint with false submissions. The learned counsel submits that the petitioners are ready and willing to cooperate with the investigation and shall abide by any condition that may be imposed by this Court.

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The learned Public Prosecutor, as well as the learned counsel appearing for the 2^nd respondent herein, oppose the aforesaid bail application. The learned counsel for the 2^nd respondent points out that, the defacto complainant was subjected to ill-treatment, and all the allegations raised by her in the complaint are correct. As the matter is under investigation, the dismissal of the bail application is sought.

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I have gone through the records. It is evident that, apparently, there was a settlement arrived between the parties and later there arose some dispute between them. One of the crucial aspects to be noted is that the complaint based on which the present crime is registered was submitted after the execution of the settlement agreement between the parties which makes the case advanced by the petitioners more probable. Apparently, all the

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BAIL APPL. NO. 1082 OF 2023

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6

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disputes between the parties were settled on specific terms and conditions. The petitioner had already complied with his part of the obligations, which is not disputed by the 2^nd respondent. After taking note of the entire sequence of events as revealed from the documents produced before this court and other relevant aspects, I find that the interest of justice would be served if the cooperation of the petitioner with the investigation is ensured. In the facts and circumstances of the case, I do not think that the custodial interrogation of the petitioners is necessary.

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In such circumstances, this application is disposed of with the following conditions:

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i) The petitioners shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting themselves to interrogation.

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ii) After interrogation, the petitioners shall be released on bail on the very same day of surrender upon the petitioners executing a bond for Rs 1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum, to the satisfaction of the

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BAIL APPL. NO. 1082 OF 2023

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Investigating Officer.

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iii) The petitioners shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for the purpose of recovery, if any, as and when demanded.

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iv) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on alternate Saturdays until the filing of the final report.

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v) The petitioners shall appear before the Investigating Officer as and when required.

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vi) The petitioners shall not commit any offence of similar nature while on bail.

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vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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viii) The petitioners shall not leave the State of Kerala without the permission of the Jurisdictional Court.

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In case of violation of any of the above conditions, the

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BAIL APPL. NO. 1082 OF 2023

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jurisdictional Court shall be empowered to consider the application

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for cancellation of bail, if any, and pass appropriate orders in

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accordance with the law.

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Sd/- ZIYAD RAHMAN A.A. JUDGE

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scs

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BAIL APPL. NO. 1082 OF 2023

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9

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APPENDIX OF BAIL APPL. 1082/2023

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PETITIONER ANNEXURES
Annexure ITRUE COPY OF THE AGREEMENT DATED
12.10.2022 AS BETWEEN 1ST PETITIONER
AND 2ND RESPONDENT
Annexure IITRUE COPY OF SETTLEMENT DEED DATED
13.10.2022 WHICH IS EXECUTED
CONJOINTLY BY 1ST PETITIONER AND 2ND
RESPONDENT
Annexure IIITRUE COPY OF PETITION FOR MUTUAL
DIVORCE DATED 12.10.2022 IN O.P.
NO.1366/2022 BEFORE THE FAMILY COURT,
NEDUMANGAD
Annexure IVTRUE COPY OF RECEIPT DATED 16.1.2023
ISSUED BY 2ND RESPONDENT

Shine Daniel, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shine Daniel, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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