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Shiju.A.P vs State Of Kerala on 28 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED:

SHIJU.A.P.
AGED 39 YEARS
S/O.SUDHAKARAN, ANDIYAPARAMBATH HGOUSE, PAVANDOOR,M
KAKKUR POST, KOZHIKODE DISTRICT-673613.

BY ADVS.
SRI.K.M.JAMALUDHEEN
SMT.BHAVANA VELAYUDHAN
SMT.LATHA PRABHAKARAN
SMT.T.J.SEEMA

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
DISTRICT-673613).

OTHER PRESENT:
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

ORDER

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

together again.

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

passed :-

(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
10.06.2019.

(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
concerned.

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.

Sd/-

ALEXANDER THOMAS
JUDGE
SKS

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