IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941
Bail Appl..No.6659 OF 2019
CRIME NO.604/2019 OF KOLLAM WEST POLICE STATION, KOLLAM
APPLICANTS/ACCUSED NO.1 TO 4:
1 DR. JINEESH RAJ
AGED 34 YEARS
S/O. RAJENDRAN, ‘RAJ BHAVAN’, THALIKKUZHI,
PULIMATH P.O., PULIMATH VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM – 695 612
2 RAJENDRAN
AGED 61 YEARS
S/O. RAJENDRAN, ‘RAJ BHAVAN’, THALIKKUZHI,
PULIMATH P.O., PULIMATH VILLAGE, CHIRAYINKEEZHU
TALUK, THIRUVANANTHAPURAM – 695 612
3 LALITHA
AGED 56 YEARS
W/O. RAJENDRAN, ‘RAJ BHAVAN’, THALIKKUZHI,
PULIMATH P.O., PULIMATH VILLAGE, CHIRAYINKEEZHU
TALUK, THIRUVANANTHAPURAM – 695 612
4 DR. JISHA RAJ
AGED 33 YEARS
D/O. RAJENDRAN, ‘SIVA SREE’, SANKARANMUKKU, MANAMBOOR
P.O, MANAMBOOR VILLAGE, VARKALA TALUK,
THIRUVANANTHAPURAM – 695 144
BY ADV. SRI.T.I.UNNIRAJA
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031
2 THE S.H.O.
KOLLAM WEST POLICE STATION, KOLLAM,
THIRUVANANTHAPURAM – 691 013
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR,
SRI.M.T.SURESH KUMAR FOR THE LADY DEFACTO COMPLAINANT
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6659 of 2019
2
ALEXANDER THOMAS, J.
B.A.No.6659 of 2019
Dated this the 20th day of September, 2019
ORDER
Petitioners herein have been arrayed as accused Nos.1 to 4 among the
four accused in the instant Annexure-A Crime No.604/2019 of Kollam
West Police Station, which has been registered for offences punishable
under Secs.498A and 323 read with Sec.34 of the Indian Penal Code, on the
basis of the FI Statement given by the lady de facto complainant on
01.07.2019 at about 5.20 p.m., in respect of the alleged incidents, which
had occurred for the period from 26.11.2014 onwards. The lady de facto
complainant in this crime is the wife of the 1 st petitioner (A-1). Petitioners
2 to 4 herein (A-2 to A-4) are the father, mother and the sister respectively
of the 1st petitioner (A-1).
2. The prosecution case in short is that after the marriage of the
abovesaid spouses on 26.11.2014, the accused persons had inflicted cruelty
and harassment on the lady de facto complainant and that her gold
ornaments coming to 101 sovereigns given to her by her parents at the time
of her marriage and about Rs.10 lakhs have been misappropriated by them
B.A.No.6659 of 2019
3
by their extravagant life and that the 1 st petitioner has frequently assaulted
the lady and at that time the 1st petitioner (A-1) had completed MBBS
degree and the accused persons had demanded that the lady’s parents
should give A-1 at least Rs.75 lakhs for getting him admitted for MD course
in an unaided Medical College and the lady’s father could manage to pay
them only Rs.50 lakhs and infuriated by that, the accused persons, more
particularly, A-1 had frequently assaulted and harassed her and in these
series of harassments meted out on her by A-1, the other accused persons
had actively collaborated and helped him to inflict such cruelty and
harassments on her, etc. it appears that the 1 st petitioner (A-1) is now a
Post Graduate degree holder in Medicine and the lady de facto complainant
has duly passed her MBBS degree and is now undergoing her Post
Graduate medical studies. Due to the marital discord, the lady de facto
complainant is now in Mangalore, in connection with her Post Graduate
medical studies and her child is with her parents and the spouses are now
living separately.
3. Heard Sri.T.I.Unniraja, learned counsel appearing for the
petitioners, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for
the official respondents and Sri.M.T.Suresh Kumar, learned Advocate
appearing for the lady de facto complainant. Sri. M.T.Suresh Kumar,
learned Advocate appearing for the lady de facto complainant would
B.A.No.6659 of 2019
4
seriously object to the grant of anticipatory bail to the petitioners and
would point out that earlier when the petitioners had approached the
Sessions Court for grant of anticipatory bail, parties were referred for
mediation process and that the petitioners with the heinous and evil
designs had instituted a false complaint against the lady before the police
authorities concerned in order to prevent her from approaching the
mediation centre and that she is apprehending threats and harassment by
the petitioners, more particularly, A-1 if they are let out on bail. Further,
Sri.M.T.Suresh Kumar, learned Advocate appearing for the lady de facto
complainant would submit on the basis of instructions of his party that his
party is willing for any mediatory efforts and the 1 st petitioner should take a
clear stand, as to whether he is interested to continue with the matrimonial
relationship and if he is not so interested, then it may be better in the
interest of all concerned to lawfully dissolve the relationship, so that parties
could proceed with their life, without the constant threats and harassments
that she is now facing from the accused persons in this crime.
4. Sri.T.I.Unniraja, learned counsel appearing for the petitioners
would submit that the petitioners are also willing for mediatory efforts and
that since the petitioners are residing in Thiruvananthapuram, this Court
may direct that the mediation process may be conducted by the District
Mediation Centre at Thiruvananthapuram.
B.A.No.6659 of 2019
5
5. Per contra, Sri.M.T.Suresh Kumar, learned Advocate appearing
for the lady de facto complainant would submit that his party will be
interested to part take in the mediation process only if the petitioners are
bonafide and sincere about the mediation process and it should not be a
ruse for adding further agony and harassment to his party and that since
the lady’s parents are based in Kollam, where the child is also residing and
as the lady apprehends that the petitioners might again harass her, if the
mediation process is conducted at Thiruvananthapuram, this Court may
order that the mediation process may be conducted in the District
Mediation Centre at Kollam, as Annexure-A crime has been registered in
Kollam District.
6. After hearing both sides and after careful evaluation of the facts
and circumstances of this case, with great reluctance, this Court is inclined
to grant anticipatory bail to the petitioners. If the lady de facto
complainant has any genuine complaint of harassment or threats by any of
the accused persons or the people under them, then she may give a
complaint in writing to the District Police Chief, Kollam City, who will
ensure that an effective enquiry is conducted on such complaint by a
competent officer not below the rank of Deputy Superintendent of
Police/Assistant Commissioner of Police and if it is found that the accused
persons have in any manner threatened or intimidated the lady de facto
B.A.No.6659 of 2019
6
complainant or her parents, then the District Police Chief should ensure
that an appropriate application is filed by the Investigating Officer in this
crime before the jurisdictional Magistrate’s Court concerned for
cancellation of the bail granted to the petitioners hereby.
7. Accordingly, the following directions and orders are passed:
(i) Petitioners will immediately personally appear before the
Investigating Officer (I.O) in relation to the instant crime, for interrogation
purposes, without any further delay, at any rate by 9 a.m. on any day on or
before 04.10.2019 or within such time limit that may be extended by the
I.O as he deems fit and proper.
(ii) Petitioners will fully co-operate with the Investigating Officer in
the above interrogation process.
(iii) After completing the above interrogation process, in case the
Investigating Officer arrests the petitioners in relation to the abovesaid
crime, then the petitioners shall be released on bail on their separately
executing bond for Rs.40,000/- (Rupees Forty Thousand only) and on
their separately furnishing two solvent sureties for the like sum, each to the
satisfaction of the Investigating Officer concerned. However, the grant of
bail is subject to the following conditions:
(a) Petitioners shall not involve in any criminal offences of
similar nature.
B.A.No.6659 of 2019
7
(b) Petitioners shall fully co-operate with the investigation.
(c) Petitioners shall report before the Investigating Officer
as and when required in that connection.
(d) Petitioners shall not influence witnesses or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.
8. If the petitioners violate all or any of the bail conditions, then
the jurisdictional court concerned will stand hereby authorised, to consider
the plea for cancellation of bail, if required, in accordance with law.
9. As already noted hereinabove, in case, the lady de facto
complainant has any genuine complaint that she or her family members
have been intimidated or threatened by the petitioners or the people under
them, then it will be open to her to file a petition before the District Police
Chief, Kollam City, who will ensure that an enquiry is conducted thereon by
an officer not below the rank of Deputy Superintendent of Police/Assistant
Commissioner of Police and if it is found that the allegations of the lady de
facto complainant against the petitioners are true, then the Investigating
Officer concerned will ensure that application is filed before the competent
Criminal Court concerned for cancellation of the bail granted to the
petitioners hereby and thereupon the said court will consider the said
application and pass orders thereon, in accordance with law, after hearing
B.A.No.6659 of 2019
8
the petitioners, the prosecution agency as well as the lady de facto
complainant.
10. It is also ordered in the light of the submissions made by both
sides that parties will stand referred to the District Mediation Centre,
Kollam on 09.10.2019. The lady de facto complainant and the petitioners
will personally report before the Co-ordinator of the District Mediation
Centre, Kollam at 10.30 a.m. on 09.10.2019, upon which the parties to be
referred to a Mediator forthwith, who will commence the mediation
process on the same day and will attempt to complete the same within 6 to
8 weeks. Since the lady de facto complainant is a Post Graduate medical
student in Mangalore and since the 1 st petitioner is practising medicine at
Thiruvananthapuram, after the first sitting, the lady de facto complainant,
A-1, A-3 and A-4 need not be present on all the mediation sessions
provided. It will be open to the lady de facto complainant to nominate an
authorized representative to represent her in the further mediation
process. The 2nd petitioner (A-2) could represent A-1, A-3 A-4 in the
further mediation process. If the mediation process is successful, all the
parties concerned should personally appear before the Mediator, who will
sign the mediation agreement. The Co-ordinator of the District Mediation
Centre, Kollam will ensure that a copy of the report on the final outcome of
the mediation process is also forwarded to the Registry of this Court, who
B.A.No.6659 of 2019
9
will ensure that the same is kept in this case file.
With these observations and directions, the above anticipatory bail
application will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd