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K.A.Suni @ Suneer vs State Of Kerala on 27 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 27TH DAY OF FEBRUARY 2019 / 8TH PHALGUNA, 1940

Bail Appl..No. 1350 of 2019

CRIME NO.1291/2018 OF MULANTHURUTHY POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED:

K.A.SUNI @ SUNEER, AGED 38 YEARS
S/O ABDUL KAREEM, RESIDING AT KAVUNKAL HOUSE,
AMBALLORE VILLAGE, KANJIRAMATTOM P.O.,
ERNAKULAM, PIN-682315.

BY ADVS.
SRI.K.N.CHANDRABABU
SMT.LISY T.SKARIA

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682031.

2 SUB INSPECTOR OF POLICE,
MULANTHURUTHY POLICE STATION,
MULANTHURUTHY, ERNAKULAM, PIN-682314.

BY SR. PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:1350/19 2

ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicant herein is the accused in Crime No.1291 of

2018 registered at the Mulanthuruthy Police Station under Sections

495, 496, 498A, 315 and 377 of the IPC and Section 92(e) of the

Rights of Persons with Disabilities Act, 2016.

3. According to the de facto complainant, she is a disabled

lady. Suppressing the fact that the applicant herein is a married man

and the father of two children, he is alleged to have married the victim

on 21.4.2018. It is alleged that thereafter the applicant subjected her

to cruelty and harassment. She was forced to abort her pregnancy

and subjected to perverted sexual abuse. On these allegations, a

complaint was lodged leading to the registration of the crime.

4. The learned counsel appearing for the applicant submitted

that there is no truth in the allegations. According to the learned

counsel, the marriage between the applicant and his former wife was

dissolved by Annexure-A4 order passed by the Family Court,
BA:1350/19 3

Ernakulam. According to the learned counsel, no legal marriage was

solemnized and they were in a live-in relationship. The learned counsel

refer to Annexures-A5, A9 and A10 and would contend that false

accusations have been levelled against him. Finally, it is submitted

that the applicant has been in custody from 5.2.2019 and prays that

he be released.

5. Heard the learned Public Prosecutor, who submitted that

the allegations are grave.

6. I have considered the submissions advanced and have gone

through the case diary. Admittedly, the applicant and the de facto

complainant had been living together for sometime. Annexure-A4

would show that his previous marriage has been dissolved. Though

serious accusations have been levelled, the case diary reveals that the

investigation has proceeded to the final stages. Having regard to the

period of detention undergone and the stage of investigation, I am of

the view that by imposing stringent conditions, the applicant can be

released on bail.

In the result, this application will stand allowed. The applicant

shall be released on bail on his executing a bond for Rs.50,000/-

(Rupees Fifty thousand only) with two solvent sureties each for the
BA:1350/19 4

like sum to the satisfaction of the court having jurisdiction. The above

order shall be subject to the following conditions:

1. The applicant shall continue to appear before the
Investigating Officer on every Saturdays between 10
a.m. and 1 p.m., for a period of 3 months or till final
report is filed, whichever is earlier.

2. He shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence. He
shall not contact the victim or her family members.

3. He shall not commit any similar offence while he is 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.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

krj //TRUE COPY// P.A. TO JUDGE

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