SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sunil S. vs State Of Kerala on 2 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941

Bail Appl..No.8367 OF 2019

CRIME NO.1459/2019 OF PUTHOOR POLICE STATION , Kollam

PETITIONERS:

1 SUNIL S.,AGED 29 YEARS
S/O. SUDHAKARAN ACHARY, SUNIL BHAVANAM,
THEVALAPPURAM P. O., PUTHOOR, NEDUVATHOOR VILLAGE,
KOTTARAKARA TALUK, KOLLAM – 691 507.

2 SUDHAKARAN ACHARY,AGED 61 YEARS
S/O. GOVINDAN, SUNIL BHAVANAM, THEVALAPPURAM P. O.,
PUTHOOR, NEDUVATHOOR VILLAGE, KOTTARAKARA TALUK,
KOLLAM – 691 507.

3 SANTHAMMAL S., AGED 61 YEARS
SUNIL BHAVANAM, THEVALAPPURAM P. O.,
PUTHOOR, NEDUVATHOOR VILLAGE, KOTTARAKARA TALUK,
KOLLAM – 691 507.

4 SINDHU S.,AGED 34 YEARS
D/O. SUDHAKARAN ACHARY, SUNIL BHAVANAM,
THEVALAPPURAM P. O., PUTHOOR, NEDUVATHOOR VILLAGE,
KOTTARAKARA TALUK, KOLLAM – 691 507.

BY ADV. SRI.M.R.SARIN PANICKER

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31.

2 THE SUB INSPECTOR OF POLICE
PUTHOOR POLICE STATION, PIN – 691 507.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8367 OF 2019

2

ALEXANDER THOMAS, J.

B.A.No.8367 of 2019

Dated this the 2nd day of December, 2019

O R D E R

The petitioner herein has been arrayed as accused No.1 among the

4 accused in the instant crime No.1459/2019 of Puthoor Police Station,

Kollam District, which has been registered for offences punishable

under Sections 498A, Section323, Section294(b) and Section34 of the IPC. The said crime has

been lodged on the basis of the First Information Statement given by the

lady defacto complainant on 11.11.2019 at about 10 P.M in respect of the

alleged incidents which have happened for the period from 23.04.2019

to 11.11.2019.

2. The prosecution case in short is that the lady defacto

complainant in this case is the wife of the petitioner herein (A1) and

accused Nos.2, 3 and 4 are the father, mother and sister respectively of

the petitioner herein (A1). After the marriage between the above said

spouses, the accused persons have consistently treated her with cruelty

and harassment and that she has also been subjected to domestic

violence and that hardly four days, after her marriage, 3 rd accused had

taken away the lady’s gold ornaments coming to 18.5 sovereigns and the

accused person had thereafter, insisted that the lady defacto
Bail Appl..No.8367 OF 2019

3

complainant should assigned property to their name, etc.

3. The learned counsel for the petitioner would point out that

the above said allegations are false and baseless and that this Court may

grant anticipatory bail to him.

4. The learned Prosecutor has opposed the plea for anticipatory

bail and has pointed out that this Court may also seriously take into

account the grievance projected by the lady defacto complainant as she

has made allegations about the incidents which have happened hardly

four days after her marriage, etc.

5. After hearing both sides and after careful evaluation of the

facts and circumstances of the case, this Court is inclined to take the

view that the custodial interrogation of the petitioner herein may not

really be necessary or warranted for effectuating the smooth and fair

conduct of the investigation.

6. However, the learned Prosecutor is right to submit that the

grievance of the lady defacto complainant would also require serious

considerations and for that purpose this Court will pass orders to ensure

that the Court below concerned will refer the parties to the nearest

Mediation Centre, etc. Further learned Prosecutor has pointed out that

the petitioner has not appeared for the interrogation purposes before

the Investigating Officer concerned. Hence, the following directions and
Bail Appl..No.8367 OF 2019

4

orders are passed:

(i) The petitioner will immediately surrender and personally

appear before the Investigating Officer in relation to Crime

No.1459/2019 of Puthoor Police Station, Kollam District for

interrogation purposes, without any further delay, at any rate by 9 a.m.

on any day on or before 16.12.2019.

(ii) The petitioner will fully co-operate with the Investigating

Officer in the above interrogation process.

(iii) After the interrogation process is over, in case the

Investigating Officer arrests the petitioner in connection with the

abovesaid crime, then the petitioner shall be released on bail on his

executing a bond for Rs.40,000/- each and on furnishing two solvent

sureties for the likesum each, both to the satisfaction of the

Investigating Officer concerned.

6. Further it is ordered that it will be subject to 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 four
months. Thereafter, the petitioner shall report before
the Investigating Officer as and when directed by the
said officer.

(ii) The petitioner shall fully co-operate with the
Bail Appl..No.8367 OF 2019

5

investigation.

(iii) The petitioner shall not influence witness or shall
not tamper or attempt to tamper evidence in any
manner, whatsoever.

(iv) 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.

(v) Further it is ordered that after the interrogation
process is over, the Judicial First Class Magistrate
Court No.I, Kottarakkara, who is dealing with instant
crime No.1459/2019 of Puthoor Police Station will
issue notices to accused persons as well as the lady
defacto complainant and will thereafter immediately
refer them to the nearest Local Mediation Centre/
District Mediation Centre to examine the possibility of
mediatory efforts for resolving disputes. If the
mediation process is successful, the parties concerned
to take further course of action based on that .

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE
mpm

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation