IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
K.A.SUNI @ SUNEER, AGED 38 YEARS
S/O ABDUL KAREEM, RESIDING AT KAVUNKAL HOUSE,
AMBALLORE VILLAGE, KANJIRAMATTOM P.O.,
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:
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,
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
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
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.,
krj //TRUE COPY// P.A. TO JUDGE