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Sunil Vijayan vs State Of Kerala on 19 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

Bail Appl..No. 684 of 2019

CRIME NO. 684/2018 OF NEDUPUZHA POLICE STATION, THRISSUR CITY

PETITIONER/1ST ACCUSED:

SUNIL VIJAYAN, AGED 31 YEARS,
S/O. VIJAYAN, PARETHEKKATHIL HOUSE, KALKOONTHAL,
ORUMBUM CHOLA, ERATTAYAR, IDUKKI, PIN-685514.

BY ADVS.
SRI.S.SAJU
SRI.A.V.SAJAN
SMT.NEELANJANA NAIR

RESPONDENT:

STATE OF KERALA,
REPRESENTED BY THE NEDUPUZHA POLICE STATION, THROUGH
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. AMJAD ALI SR. PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019
ALONG WITH B.A. 952 OF 2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BA:684 952 OF 2019 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

Bail Appl..No. 952 of 2019

CRIME NO. 684/2018 OF NEDUPUZHA POLICE STATION, THRISSUR CITY

PETITIONER/2ND ACCUSED:

VIJAYAN, AGED 62 YEARS,
S/O.KUNJIKUTTAN, PARETHEKKATHIL HOUSE,
KALKOONTHAL UDUMBUM CHOLA, ERATTAYAR,
IDUKKI DISTRICT, PIN-685514.

BY ADVS.
SRI.S.SAJU
SRI.A.V.SAJAN
SMT.NEELANJANA NAIR

RESPONDENT:

STATE OF KERALA,
REP. BY THE NEDUPUZHA POLICE STATION,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019
ALONG WITH B.A. NO.684 OF 2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BA:684 952 OF 2019 3

ORDER

These applications are filed under Section 438 of the Cr.P.C.

2. The applicant in B.A.No.684 of 2019 is the 1st accused in

Crime No.684 of 2018 registered at the Nedupuzha Police Station

under Sections 498A, 354, 323 and 506 of the IPC. The applicant in

B.A.No.952 of 2019 is the father of the 1st accused.

3. The de facto complainant is the wife of the 1 st accused.

According to her, she is a divorcee and has a child in her earlier

marriage. On 28.9.2016, she had occasion to meet the 1 st accused and

they started residing together as husband and wife in an apartment.

She asserts that she has not married the 1st accused legally. She

further alleges that they have a child in the said relationship. The

specific allegation is that the 1 st accused used to record videos and

threatened that he would upload the same in the internet. She also

alleges that on 29.10.2018, the applicants herein had assaulted her

causing injuries.

4. The learned counsel appearing for the applicants submitted

that three is no truth in the allegations. According to the learned

counsel, the marriage between the parties were solemnized in a legal

manner. However, the same has not been registered. It is submitted
BA:684 952 OF 2019 4

that on 29.10.2018, the 1 st accused was assaulted by the brothers of

the de facto complainant and he had suffered very serious injuries. To

substantiate his contention, he would refer to the would certificate

dated 29.10.2018 issued from the Thrikkakara Municipal Co-operative

Hospital. It is further submitted that insofar as the 2 nd accused is

concerned, the only allegation is that he had caught the hand of the

lady. The learned counsel would also refer to Annexure-A3 petition

filed by the 1st accused before the Family Court seeking divorce.

5. Heard the learned Public Prosecutor and I have gone

through the materials made available. Records reveal that the parties

had been living together for a sufficiently long time and they have a

child. The relationship got strained and an incident took place on

29.10.2019. The 1st accused as well as the de facto complainant had

suffered injuries. Going by the wound certificate of the lady, it

appears that the only injury suffered by her is an injury on her lower

lip. The 1st accused has also sustained traumatic head injury and

facial trauma as is evident by the certificate dated 29.10.2018.

Having regard to the facts, I am of the view that the custodial

interrogation of the applicants are not necessary for an effective

investigation.

In the result, these applications are allowed. The applicants

shall appear before the Investigating Officer within ten days from
BA:684 952 OF 2019 5

today and shall undergo interrogation. Thereafter, if they are proposed

to be arrested, they shall be released on bail on their executing a bond

for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent

sureties each for the like sum. However, the above order shall be

subject to the following conditions:

i) The applicants shall co-operate with the investigation and
shall appear before the Investigating Officer on every
Saturdays between 9 A.M and 11 A.M. for a period of two
months or till final report is filed whichever is earlier.

ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) They shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for
cancellation, if any, and pass appropriate orders in accordance with
the law.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
//TRUE COPY// P.A.TO JUDGE

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