IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 01ST DAY OF OCTOBER 2019 / 9TH ASWINA, 1941
Bail Appl..No.6947 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 2119/2019 DATED 19-09-2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, ADOOR
CRIME NO.1847/2019 OF ADOOR POLICE STATION, PATHANAMTHITTA
PETITIONER/ACCUSED:
MANOJKUMAR
AGED 42 YEARS
S/O. UNNIKRISHNA NAIR,
KRISHNA SADANAM VEEDU,
KULANJIKKADU, THOTTUVA,
PALLIKKAL VILLAGE, ADOOR,
PATHANAMTHITTA DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
ERNAKULAM 682 031.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6947 OF 2019
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ALEXANDER THOMAS, J.
B.A. No.6947 of 2019
———————————–
Dated this the 01st day of October, 2019
ORDER
The petitioner herein has been arrayed as accused No.1 in the instant
Annexure-A Crime No.1847/2019 of Adoor Police Station, Pathanamthitta,
which has been registered for offences punishable under Secs.323, 324,
506, 498A 34 of the Indian Penal Code and Secs.75 77 of the Juvenile
Justice (Care and Protection ) Act, 2015, on the basis of the FI Statement
given by the lady de facto complainant on 10.09.2019 at about 6.20 p.m., in
respect of the alleged incidents, which happened for the period from
02.06.2009 to the last incident which had occurred on 09.09.2019. The
petitioner herein is the husband of the lady de facto complainant in this
case. Accused Nos.2 3 in the instant crime are the father and mother
respectively of the petitioner herein (A-1).
2. The prosecution case in short is that after the marriage of the
abovesaid spouses, the accused persons had treated the lady victim with
cruelty and harassment and that they have demanded more dowry from her
and that the petitioner used to frequently assault her. Further that on
Bail Appl..No.6947 OF 2019
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09.09.2019 at about 7.30 p.m., the petitioner (A-1) had slapped the lady on
her face by hand and with a torch and also whacked her brother Rahul with
a chopper and that A-3 had beaten the lady de facto complainant’s another
brother Rakesh on his backside with a walking-stick and A-2 had beaten
the de facto complainant and A-1 had also beaten his child with a torch and
also forcibly poured alcohol to his child’s mouth and thereby they have
committed the abovesaid offence. The petitioner (A-1) has been arrested in
relation to this case on 11.09.2019 and after his remand, has been under
detention since then.
3. Sri.K.V.Anil Kumar, learned counsel appearing for the
petitioner would point out that the abovesaid allegations are false and
fabricated and that the entire incidents alleged to have happened on
09.09.2019 at about 7.30 p.m. are absolutely false and that as a matter of
fact the truth is otherwise out and that a counter case as per Annexure-B
Crime No.1848/2019 of Adoor Police Station has been registered for
offences punishable under Secs.451, 323, 354, 427 and 34 of the IPC, on the
basis of the FI Statement given by the petitioner’s mother (A-3) herein on
10.09.2019 at about 8.15 p.m., in respect of the alleged incident, which
happened on 09.09.2019 at about 7.30 p.m. Further that, the scene of
occurrence, day and time of occurrence of both Annexures.A B crimes are
Bail Appl..No.6947 OF 2019
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the same. Further that, the two brothers of the lady de facto complainant
herein and three other identified persons have been arrayed as the accused
in Annexure-B Crime No.1848/2019 and the allegations in Annexure-B
crime is to the effect that on the same day at around the same, when the de
facto complainant and his parents were in their house, the two brothers of
the petitioner’s wife had come there and assaulted the petitioner and his
parents (who are the three accused in Annexure-A crime) and that it is only
to wriggle out of the said criminal culpability in Annexure-B crime is that
false allegations have been made in the instant Annexure-A crime.
Accordingly, it is urged by the learned counsel for the petitioner that at any
rate, as the petitioner has already undergone detention since 11.09.2019,
his further detention may not be necessary and that this Court may order
him to release on regular bail, subject to any stringent conditions.
4. The learned Public Prosecutor has seriously opposed the grant
of regular bail and has pointed out that there is a possibility of the
petitioner intimidating and influencing the witnesses, more particularly,
the lady de facto complainant, if he is let out on bail.
5. After hearing both sides and after careful evaluation of the facts
and circumstances of this case, more particularly, taking note of the aspects
borne out on the counter case in Annexure-B crime, wherein the de facto
Bail Appl..No.6947 OF 2019
5
complainant therein is A-3 herein and the accused therein are the two
brothers of the lady de facto complainant herein and the other identified
persons and as the scene of occurrence in both the cases is the same, etc.
and also considering the fact that the petitioner has already undergone
detention since 11.09.2019, this Court is persuaded to take the view that the
further detention of the petitioner may not be necessary and so he could be
released on regular bail subject to stringent conditions. However, taking
note of the abovesaid apprehension raised by the prosecution, it is
proposed to order as a safeguard that the petitioner shall not enter into or
reside anywhere within the territorial limits of the police station, where the
lady de facto complainant is residing, until the conclusion of the
investigation process in this case, subject to certain exceptions which would
be dealt with hereinafter.
6. Accordingly, it is ordered that the petitioner shall be released on
regular bail on his executing bond for Rs.40,000/- (Rupees Forty
Thousand only) and on his furnishing two solvent sureties for the like sum
both to the satisfaction of the competent court below concerned. However,
the grant of bail will be subject to the following conditions:
(i). The petitioner will report before the Investigating Officer
concerned at any time between 9:00 a.m. and 1 p.m. on
every 2nd and 4th Saturdays for the next six months.
Thereafter, the petitioner shall report before the Investigating
Bail Appl..No.6947 OF 2019
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Officer as and when directed by the said officer.
(ii). The petitioner shall fully co-operate with the investigation
process and shall not intimidate or attempt to influence the
defacto complainant/victim, witnesses; nor shall tamper with
the evidence.
(iii). The petitioner shall not commit any similar offence while on
bail.
(iv) The petitioner shall not enter into or reside anywhere within
the territorial limits of the police station, where the lady de
facto complainant is residing, for a period of two months
from today or till the conclusion of the investigation process
whichever is earlier, except for the limited purpose of
reporting before the Police in connection with the abovesaid
crime or any other crimes or for attending any courts in
relation to this case or for contacting lawyer/ Advocate
concerned.
(v) If the petitioner has any emergent and genuine personal
needs to visit the said area, he may do so only with the prior
permission of the Investigating Officer concerned.
7. In case of violation of any of the above conditions, the
jurisdictional Court concerned will stand hereby empowered to consider
the application for cancellation of bail, if required, and pass appropriate
orders in accordance with law.
8. Since the petitioner herein (A-1) and the lady de facto
complainant are spouses, it may be only in the fitness of things that efforts
could be made for mediatory resolution of the disputes between them and if
either the accused persons or the lady de facto complainant are interested
for any mediatory efforts, then they may approach the jurisdictional
Bail Appl..No.6947 OF 2019
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Magistrate’s court concerned (Judicial First Class Magistrate’s Court,
Adoor), who is dealing with the said case. Thereupon, the learned
Magistrate may refer all the parties concerned to the nearest Mediation
Centre.
With these observations and directions, the above Bail Application
will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd