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Judgments of Supreme Court of India and High Courts

Santhosh Kumar vs State Of Kerala on 11 May, 2021

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po0lIN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

Bail Appl..No.3447 OF 2021

CRIME NO.264/2021 OF Kunnicode Police Station , Kollam

PETITIONER/ACCUSED :-

1 SANTHOSH KUMAR
AGED 38 YEARS
PARAPPADI THEKKATHIL VEEDU, KAKKAKUNNU P.O.,
INCHAKKADU MURI, SOORANADU SOUTH VILLAGE, KUNNATHUR,
KOLLAM.
PIN – 690522

2 MURALEEDHARAN PILLAI
AGED 63 YEARS
PARAPPADI THEKKATHIL VEEDU, KAKKAKUNNU P.O.,
INCHAKKADU MURI, SOORANADU SOUTH VILLAGE, KUNNATHUR,
KOLLAM.
PIN – 690522

BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENT :-

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, PIN – 682031

SRI C.N PRABHAKARAN SR PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.3447 OF 2021

2

ORDER

Dated this the 11th day of May 2021

This is an application filed u/s 438 of Code of Criminal Procedure

seeking pre-arrest bail.

2. The petitioners are the accused in Crime No.264/2021 of

Kunnikode Police Station. The offences alleged against the petitioners are

punishable under Sections 498A, 354 r/w 34 of the Indian Penal Code.

3. The petitioners are the husband and father-in-law of the defacto

complainant. The marriage between the first petitioner and the defacto

complainant was solemnized on 01.02.2014.

4. The prosecution case is that, the defacto complainant was ill

treated by the petitioners while she was residing in her matrimonial home,

demanding dowry. It is also alleged that the petitioners had misused huge

amounts of gold and amount given to her by her parents at the time of

marriage. The case was registered on the basis of a private complaint

submitted by the defacto complainant before the jurisdictional Magistrate,

which was referred for investigation under Section 156(3) of Cr.P.C.

5. Heard both sides and perused the records.

6. It is evident from the records that, the dispute involved is a

matrimonial dispute and the original petition for realisation of money and also
Bail Appl..No.3447 OF 2021

3

for divorce are pending before the Family Court, Kottarakara. Considering the

facts and circumstances of the case, in the interest of the justice, this bail

application can be allowed by ensuring co-operation of the petitioners in the

going on investigation.

7. It is also a relevant aspect to notice that, on account of the

alarming situation prevailing in the State owing to wide spread of COVID-19

Pandemic, the Government is taking measures to de-congest the prisons so

as to enable the authorities concerned to maintain social distancing within the

prisons. As part of the said initiative, they have issued

G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities

concerned to grant parole to eligible inmates of the Prisons in the State,

subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional

Services (Management) Rules 2014. The Honourable Supreme Court also,

vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued

various directions for minimizing the strength of inmates in prisons. In my

view, the above aspects are also very much relevant while considering this bail

application.

In the above circumstances, even though, there are serious

allegations against the petitioner, this court is of the view that, the petitioner

can be granted pre-arrest bail, by invoking the power of this court under
Bail Appl..No.3447 OF 2021

4

section 438 of the Code of Criminal Procedure, 1973 subject to the certain

conditions:

In the result, the application is allowed on the following

conditions:-

(i) The petitioners shall surrender before the Investigating

officer, within a period of two weeks from today, for subjecting

himself for interrogation. However, while computing the period

as mentioned above, the period of lock down, if any, declared by

the Government owing to COVID-19 pandemic can be excluded.

(ii) After interrogation, the petitioners shall be released on

bail, on the very same day of surrender upon the petitioners

executing a bond for Rs 1,00,000/- each with two sureties each

for the like sum, to the satisfaction of the investigating officer

(iii) The petitioners shall fully co-operate with the

investigation, including subjecting himself to the deemed police

custody for the purpose of discovery, if any, as and when

demanded.

(iv) The petitionesr shall appear before the investigating officer

between 10.00 a.m and 11.00 a.m on every Wednesday until

further orders. However, this condition shall stand suspended
Bail Appl..No.3447 OF 2021

5

during the period of lock down declared by the Government

owing to COVID-19 pandemic.

(v) The petitioners shall also appear before the investigating

officer as and when required by him.

(vi) The petitioners shall not commit any offence of like nature

while on bail.

(vii) The petitioners shall not make any attempt to contact any

of the prosecution witnesses, directly or through any other

person, or any other way try to tamper with the evidence or

influence any witnesses or other persons related to the

investigation.

(viii) The petitioners shall not leave State of Kerala without the

permission of the trial Court.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE
SMA

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