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Crime No.604/2019 Of Kollam West … vs By Adv. Sri.T.I.Unniraja on 20 September, 2019

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
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(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
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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

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