IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
Bail Appl..No. 442 of 2019
CRIME NO.27 OF 2019 OF KAIPAMANGALAM POLICE STATION,
MANESH, AGED 46 YEARS
S/O. DHARMAN, PONATHIL HOUSE,
EDATHIRUTHI VILLAGE, KODUNGALOOR TALUK,
THRISSUR DISTRICT – 680 703.
BY ADVS.SRI.B.RAMAN PILLAI (SR.)
SRI.SUJESH MENON V.B.
SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
SRI.THOMAS SABU VADAKEKUT
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM. KOCHI – 682 031.
BY SR. PUBLIC PROSECUTOR SRI. AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
This application is filed under Section 438 of the Code of
2. The applicant herein is the accused in Crime No.27 of
2019 of the Kaipamangalam Police Station, registered at the
instance of his wife under Sections 323, 324, 294(b), 506 and
498A of the IPC.
3. The de facto complainant is the wife of the applicant.
According to her, her marriage between the applicant herein was
solemnized on 10.05.2003. They are blessed with two children,
who are aged 13 and 7 respectively. The applicant was employed
in Gulf. It appears that he returned back from Gulf in the month
of November, 2018. She specifically alleges that on 30.11.2018 at
3 p.m., the applicant herein, in an inebriated state, assaulted his
wife and caused injuries. In her detailed complaint, she also
alleges that the applicant used to subject her to cruelty and ill
treatment demanding dowry.
4. The learned counsel appearing for the applicant
submitted that there is no truth in the allegations. He pointed out
that the applicant herein has approached the Family Court and
filed a petition seeking divorce on the ground of cruelty as early as
on 12.12.2018. It is after receiving summons in the said petition,
that a private complaint was lodged on 26.12.2018 leveling
5. The learned Public Prosecutor has opposed the prayer.
He submitted that records reveal that the de facto complainant
was examined by a doctor on 30.11.2018 and some minor injuries
6. I have considered the submissions advanced.
Admittedly, the applicant is the husband of the de facto
complainant and they have two children. There are disputes
between them and proceedings were already initiated before the
Family Court. After going through the materials, I am of the
considered view that the custodial interrogation of the applicant is
not necessary for an effective investigation in the instant case.
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.,