IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
Bail Appl.No.6971 OF 2019
CRIME NO.122/2019 OF Valanchery Police Station , Malappuram
PETITIONER/S:
ASSAINAR M.M., AGED 49 YEARS
S/O. MOIDEEN, RESIDING AT MANNANCHERY HOUSE,
PONJASSERY P.O., PERUMBAVOOR, ALAKKAPADY VILLAGE,
KUNNATHUNADU TALUK,PIN-683 547
BY ADVS.
SRI.TOM JOSE
SMT.GEETHA JOB
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 THE SUB INSPECTOR OF POLICE,
VALANCHERY POLICE STATION, MALAPPURAM-676 552
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
::2::
Bail Appl.No.6971 OF 2019
ALEXANDER THOMAS, J.
—————————–
B.A.No.6971 Of 2019
———————————
Dated this the 10th day of October, 2019.
ORDER
The petitioner herein has been arrayed as the sole accused in
the instant Anx-G Crime No.122/2019 of Valanchery Police
Station, which has been registered for offences punishable under
Secs.341, 323 376 of the I.P.C., on the basis of the FI statement
given by the lady de facto complainant on 26.4.2019 at about 6:50
p.m., in respect of the incidents happened on 25.2.2018 at 2:30
p.m.
2. The prosecution case in short is that the petitioner’s
daughter is married to the son of the lady de facto complainant and
that on 25.2.2018, the petitioner had come to the lady de facto
complainant’s house at about 2:30 p.m in the afternoon on that
day and had assaulted her and had forcible sexual intercourse with
her, etc.
3. The learned counsel for the petitioner would submit
that the abovesaid allegations made against him are absolutely
false and fabricated, that the alleged incidents said to have
happened on 25.2.2019 and that the FI statement in the instant
::3::
Bail Appl.No.6971 OF 2019
Crime has been lodged only on 26.4.2019 and the long delay of
more than 14 months has been totally unexplained by the
Prosecution which will go to the very root of the prosecution case
as it affects the very credibility and believability of the version of
the de facto complainant. Further that the abovesaid allegations
are made by the lady de facto complainant only on account of the
rivalry which she has with his daughter, who has initiated
proceedings against the lady de facto complainant. The
petitioner’s daughter, who is the daughter-in-law of the lady victim
has initiated Anx-A proceedings under the SectionDomestic Violence Act
as M.C.No.13/2018 before the Judicial First Class Magistrate
Court-I, Perumbavoor, on 22.3.2018. Further that since the
petitioner’s daughter was consistently treated with cruelty and
harassment by the lady de facto complainant and others, the
petitioner’s daughter was constrained to initiate Anx-B FIR FIS
in Crime No.93/2018 of Valanchery Police Station, in which the
lady victim herein has been arrayed as accused No.2 therein and
the lady’s son (who is petitioner’s daughter’s husband) has been
arrayed as accused No.1 therein for offence punishable under
Sec.498A of the SectionI.P.C. Anx-B has been registered on 3.4.2018.
Further that, the Police after investigation has filed Anx-C Final
::4::
Bail Appl.No.6971 OF 2019
Report in Crime No.93/2018 which has led to the pendency of
C.C.No.1008/2018 on the file of the Judicial First Class Magistrate
Court, Tirur, wherein the lady victim herein and her son have been
arrayed as accused for the abovesaid offence. Further that the
petitioner had advised his daughter to purchase peace and this
resulted in Anx-D mediation report dated 31.5.2018 in Anx-A
M.C.No.13/2018. But later, the lady victim herein and her son has
blatantly violated the terms and conditions of Anx-D mediation
proceedings. Further that, the lady victim has filed Anx-E
complaint dated 5.4.2018 against the petitioner and his daughter
before the State Women’s Commission, wherein the lady victim
does not make any allegation regarding the present alleged rape
incidents which said to have happened on 25.2.2018. On the basis
of the materials, the petitioner would point out that the instant
Anx-G Crime has been registered for the alleged rape incident is
only to falsely implicate the petitioner on account of the animosity
between those parties on various disputes. Accordingly it is urged
by the learned counsel for the petitioner that the abovesaid
allegations are false and baseless and that custodial interrogation
of the petitioner is not be necessary and warrant for the smooth
and effective conduct of the investigation.
::5::
Bail Appl.No.6971 OF 2019
4. The learned Prosecutor has opposed the plea for
anticipatory bail.
5. After hearing both sides and on a careful evaluation of
the facts and circumstances, more particularly, the long
unexplained delay of 14 months in initiating the present Crime and
also other attendant circumstances as borne out by Anxs-A to E,
this Court is inclined to take the view that custodial interrogation
of the petitioner may not be necessary for the smooth and effective
conduct of the investigation.
6. Accordingly, it is ordered that in the event of the
petitioner being arrested in connection with Crime No.122/2019 of
Valanchery Police Station, then he shall be released on bail on his
executing a bond for Rs.40,000/- (Rupees Forty Thousand only)
and on furnishing 2 solvent sureties for the like sum each to the
satisfaction of the Investigating Officer concerned. However, the
above order shall be subject to the 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.
::6::
Bail Appl.No.6971 OF 2019
(iv) The petitioner shall not influence the witnesses or
shall not tamper or attempt to tamper evidence in
any manner, whatsoever.
(vi) The petitioner shall not visit or go anywhere near
the residence of the lady de facto complainant until
the conclusion of the investigation.
(vii) In case of violation of any of the above conditions,
the jurisdictional Court concerned will stand hereby
empowered to consider the application for
cancellation of bail, if required, and pass
appropriate orders in accordance with the law.
With these observations and directions, the above Bail
Application stands disposed of.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-