IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941
Bail Appl..No. 1700 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 296/2019 of DISTRICT COURT
SESSIONS COURT,KOZHIKODE DATED 27-02-2019
CRIME NO. 49/2019 OF Kakkur Police Station , Kozhikode
AGED 39 YEARS
S/O.SUDHAKARAN, ANDIYAPARAMBATH HGOUSE, PAVANDOOR,M
KAKKUR POST, KOZHIKODE DISTRICT-673613.
RESPONDENTS/COMPLAINANT-STATE DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM (INSTRUCTIONS THROUGH THE STATION HOUSE
OFFICE, KAKKUR POLICE STATION, KAKKUR POST, KOZHIKODE
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.05.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1700 of 2019 2
ALEXANDER THOMAS, J.
B.A.No.1700 of 2019
Dated this the 28th day of May, 2019
The petitioner is the sole accused in Crime No.49/2019 of Kakkur
Police Station which has been registered for offences punishable under
Sections 452, Section341, Section324 and Section506 of the IPC on the basis of the FIS/complaint
of the lady defacto complainant who happened to be his wife.
2. The gist of the prosecution case is that in short, in relation to
this crime is that on 27.01.2019 at about 6.45 a.m., the petitioner/accused
had trespassed into her house and wrongfully restrained her and hit at her
head with stone and inflicted injuries upon her and also threatened to do
away with her and the accused committed aforementioned offences.
3. The petitioner would point out that he is totally innocent of the
charges. The plea for anticipatory bail has been opposed by the lady defacto
complainant. The petitioner pointed out that various matrimonial
disputes/proceedings were pending between the parties for quite some
time. That M.C.No.55/2016 (Annexure-A) herein was filed before the
Judicial First Class Magistrate Court, Kozhikode by the wife under the
provisions of SectionDomestic Violence Act claiming compensation and for grant
of monthly maintenance. The matter was settled in mediation as per
B.A.No.1700 of 2019 3
Annexure-B proceedings dated 24.04.2017 and thereafter the spouses were
living together. Again disputes arose and they were separated. The
petitioner had filed Annexure-C divorce petition before the Family Court
concerned in November, 2017. It appears that both of them started living
4. According to the petitioner, he got reliable information that the
lady had developed certain relationship with certain other person. It
constrained him to file Annexure-D petition dated 14.06.2018 before the
police authorities. That the police authorities had called both spouses to the
Police Station which led to Annexure-E whereby both sides agreed to live
harmoniously. That after Annexure-E, spouses had again lived together.
Thereafter, relationship was again strained and they started living
separately. The petitioner had again set in motion the conduct of the
further proceedings in Annexure-C divorce application before the Family
Court. The petitioner would point out that the abovesaid allegations in the
instant case have been falsely foisted as against him, the lady defacto
complainant would point out that the incidents narrated in the crime are
the correct state of affairs. The petitioner, the lady defacto complainant and
the learned Prosecutor has been heard by this Court.
5. The learned Prosecutor has made available the accident cum
wound certificate which would show that the lady defacto complainant has
reported before the Doctor that she has suffered head injury on the day in
B.A.No.1700 of 2019 4
question and that Doctor has found her conscious and oriented and noted
lacerated wound of 2×0.5×0.5 cm on the parietal area and further that there
are no signs of any sexual assault and no other visible injuries etc.
6. After hearing all the parties concerned and after evaluating
facts and circumstances of this case, the following directions and orders are
(i) The petitioner shall personally appear before the
Investigating Officer in relation to Crime No.49/2019 of
Kakkur Police Station and to subject himself for
interrogation process at 10 a.m. on any day on or before
(ii) Petitioner will fully co-operate with the Investigating
Officer in the above interrogation process. After
completing the above interrogation process, in case the
Investigating Officer arrests the petitioner in relation to
the abovesaid crime, then he shall be released on bail on his
executing bond for Rs.40,000/- (Rupees Forty Thousand
only) and on furnishing two solvent sureties for the likesum
each to the satisfaction of the Investigating Officer
However, in that eventuality, the grant of bail will be subject to
the following conditions:
(a) Petitioner shall not involve in any criminal offences of similar nature.
(b) Petitioner shall fully co-operate with the investigation.
(c) Petitioner shall report before the Investigating Officer as and when
required in that connection.
(d) Petitioner shall not influence witness or shall not tamper or attempt
to tamper evidence in any manner, whatsoever.
B.A.No.1700 of 2019 5
(e) Petitioner shall not go anywhere near the residence of the lady
defacto complainant until the conclusion of the trial.
(f) The investigating officer in this crime will depute a police
constable preferably a lady constable to the residence/workplace
of the lady defacto complainant and ascertain from her as to
whether the petitioner, has in any manner caused any threat or
intimidation to her. If anything adverse is brought to the notice of
the investigating officer, he will take strict action in that regard.
(iii) If there is any violation of the abovesaid conditions by the
petitioner then the jurisdictional court concerned stand
hereby empowered, to consider the plea for cancellation of
bail at the appropriate time.
With these observations and directions, the above Bail Application
will stand disposed of.