IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 02ND DAY OF DECEMBER 2019/ 11TH AGRAHAYANA, 1941
Bail Appl..No.8460 OF 2019
CRIME NO.339/2019 OF Vellathooval Police Station, Idukki
PETITIONER/ACCUSED:
ANTONY JACOB @ BIJU
AGED 46 YEARS,
S/O. JACOB, KOOTUNGAL (H), CHITHIRAPURAM P.O,
MAVELIKUNNIL, ANACHAL, PIN-685 565
BY ADVS.
SRI.ASHOK SURESH
SRI.NIRMAL V NAIR
SRI.P.K.RAKESH KUMAR
RESPONDENTS/COMPLAINANT FORMAL PARTY:
1 STATE OF KERALA
TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
2 SUB INSPECTOR OF POLICE,
VELLATHOOVAL, IDUKKI-685 563
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8460 OF 2019
2
ALEXANDER THOMAS, J.
B.A.No.8460 of 2019
Dated this the 2nd day of December, 2019
O R D E R
The petitioner herein has been arrayed as the sole accused in the
instant crime No.339/2019 of Vellathooval Police Station, Idukki
District, which has been registered for offences punishable under
Sections 498A, Section323 and Section324 of the IPC. The said crime has been lodged
on the basis of the First Information Statement given by the lady defacto
complainant on 09.11.2019 at about 5 P.M in respect of the alleged
incidents which have happened for the period from 22.06.2006 to
08.11.2019.
2. The prosecution case in short is that the lady defacto
complainant in this case is the wife of the sole petitioner herein and that
after the marriage of the above said spouses on 22.05.2006, the
petitioner has constantly treated her cruelty and harassment and he
used to demand that she would bring more dowry and that on
08.11.2019 at about 9 P.M the petitioner had assaulted her and she had
fallen down and that he had kicked her and had hit her head on the wall,
Bail Appl..No.8460 OF 2019
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etc and that thereby the petitioner committed the above said offences.
3. Learned counsel for the petitioner would point out that the
above said allegations are false and baseless and that disputes between
the above said spouses have arisen only because the defacto
complainant was constantly insisting that petitioner should seek for
partition of his family properties and petitioner could not take
immediate steps in that regard, in view of the elderly age of his mother
and that on 8.11.2019 in the morning the father and brother of the
petitioner’s wife had come to his house and due to altercations they had
assaulted the petitioner. Further that petitioner has not assaulted his
wife as alleged by her and as she apprehended that the petitioner might
takes steps to register the crime against her father and brother, she has
raised the instant false allegations, etc.
4. After hearing both sides and after careful evaluation of the
facts and circumstances of the case, this Court is inclined to take the
view that the custodial interrogation of the petitioner may not really be
necessary or warranted for effectuating the smooth and fair conduct of
the investigation in this crime.
5. The learned prosecutor has pointed out that the petitioner
has not appeared before the Investigating Officer for interrogation
Bail Appl..No.8460 OF 2019
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purposes. Hence the following directions and orders are passed:
(i) The petitioner will immediately personally appear before the
Investigating Officer in relation to Crime No.339/2019 of Vellathooval
Police Station, Idukki District for interrogation purposes, without any
further delay, at any rate by 9 a.m. on any day on or before 16.12.2019.
(ii) The petitioner will fully co-operate with the Investigating
Officer in the above interrogation process.
(iii) After the interrogation process is over, in case the
Investigating Officer arrests the petitioner in connection with the
abovesaid crime, then the petitioner shall be released on bail on his
executing a bond for Rs.40,000/- each and on furnishing two solvent
sureties for the likesum each, both to the satisfaction of the
Investigating Officer concerned.
6. Further it is ordered that it will be subject to following
conditions:-
(i) The petitioner shall not involve in any criminal
offences of similar nature.
(ii) The petitioner shall fully co-operate with the
investigation.
(iii) The petitioner shall report before the investigating
officer as and when required in that connection.
Bail Appl..No.8460 OF 2019
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(iv) The petitioner shall not influence witness or shall
not tamper or attempt to tamper evidence in any
manner, whatsoever.
(v) If there is any violation of the abovesaid conditions
by the petitioner then the jurisdictional court
concerned stand hereby empowered, to consider the
plea for cancellation of bail at the appropriate time.
With these observations and directions, the above Bail Application
will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
mpm