IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 25TH DAY OF OCTOBER 2018 / 3RD KARTHIKA, 1940
Bail Appl..No. 5845 of 2018
CRIME NO. 649/2018 OF PARAVOOR POLICE STATION, KOLLAM
BIJU, AGED 34 YEARS,
S/O MADHUSOODANAN PILLAI, BIJU BHAVAN,
POZHIKKARA CHERRY PARAVUR VILLAGE, KOLLAM
BY ADV. SASITH PANICKER
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682031.
2 THE SUB INSPECTOR, PARAVUR POLICE STATION,
KOLLAM – 691001.
BY SR.PUBLIC PROSECUTOR SRI.C.N. PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
This application is filed under Section 438 of the Cr.P.C.
2. The applicant herein is the 1 st accused in Crime No.649 of
2018 registered at the Paravur Police Station under Sections 498A,
294(b), 323, 509 , 511 of S. 324 r/w. Section 34 of the IPC.
3. The de facto complainant is the wife of the applicant
herein. According to the de facto complainant, the marriage between
herself and the applicant was solemnized on 7.6.2017 and they are
blessed with a child. It is alleged that at the time of marriage, about
40 sovereigns of gold ornaments and a sum of Rs.1 Lakh was
handed over to the applicant. However, the applicant and his family
members started physically as well as mentally harassing the de
facto complainant demanding more dowry. While the de facto
complainant was four months pregnant, the applicant herein is
alleged to have inflicted a burn injury with an iron box. On
15.7.2018, he is alleged to have inflicted injuries with a key chain.
4. The learned counsel appearing for the applicant submitted
that he is innocent of all allegation. The marriage still subsists and
all efforts are being made to rekindle the relationship with the
interest of the child in mind. According to the learned counsel, the
dispute essentially revolves around the unwillingness of the de facto
complainant to permit the parents of the applicant to stay with the
spouses. The allegation of physical abuse is not true, submits the
learned counsel. It is further contended that the complaint has been
filed in the heat of the moment and it is prayed that he be spared
from the rigours of custodial interrogation.
5. The learned Public Prosecutor has strenuously opposed
the prayer. Referring to the wound certificate of the Government
Medical College Hospital, Kollam, it is contended that the de facto
complainant had sustained abrasions consequent to the infliction of
injuries with the key chain. In the facts and circumstances, it would
be sufficient if the applicant herein is ordered to co-operate with the
investigation, submits the learned Public Prosecutor.
6. I have considered the submissions advanced. After going
through the materials on record, I am of the considered view that
the custodial interrogation of the applicant is not necessary for an
effective investigation in the instant case.
7. In the result, this application will stand allowed. The
applicant shall appear before the investigating officer within ten days
from today and shall undergo interrogation. Thereafter, if he is
proposed to be arrested, he shall be released on bail on his
executing a bond for a sum of Rs.40,000/- (Rupees forty thousand
only) with two solvent sureties each for the like sum. The above
order shall be subject to the following conditions:
(i) The applicant shall co-operate with the investigation
and shall appear before the Investigating Officer on every
Saturdays between 10 A.M and 1 P.M. for a period of two
months or till final report is filed whichever is earlier.
ii) He shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.
iii) He shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application
for cancellation, if any, and pass appropriate orders in accordance
with the law.
RAJA VIJAYARAGHAVAN V.,
//TRUE COPY// P.A. TO JUDGE