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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