SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Visakh A.S vs State Of Kerala on 7 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.UBAID

THURSDAY ,THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940

Bail Appl..No. 881 of 2019

AGAINST THE ORDER IN CRMC 2215/2018 of SESSIONS
COURT,THIRUVANANTHAPURAM

CRIME NO. 1568/2018 OF Karamana Police Station ,
Thiruvananthapuram

PETITIONER/ACCUSED:

VISAKH A.S.
AGED 30 YEARS
S/O. APPUKKUTTAN NAIR, REKHA NIVAS,
PERINGODE, PALLICHAL ,NEMOM P.O.,
THIRUVANANTHAPURAM,PIN-695 020

BY ADV. SRI.M.T.SURESHKUMAR

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031

SRI SANTHOSH PETER-PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No. 881 of 2019

2

ORDER

The petitioner herein is the sole accused in

Crime No.1568/2018 of the Karamana Police Station

where his legally wedded wife is the de facto

complainant. The offences involved are under

Sections 498A, 294(b), 323 and 325 I.P.C. The

petitioner married the de facto complainant on

24.5.2016 and they lived together as husband and

wife for about 1½ years. Her grievance is that she

had been mentally and physically ill-treated by her

husband, and on 18.9.2018 she was driven out from

the matrimonial home. On 19.9.2018, she went to the

Community Health Centre, Iranimuttom with complaint

of assault by her husband, and on getting

intimation, the Police registered the crime. On the

apprehension of arrest, the petitioner seeks pre-

arrest bail under Section 438 Cr.P.C. His request

for pre-arrest bail was declined by the Court of

Session, Thiruvananthapuram on 11.1.2019.

2. On hearing both sides, and on a perusal of

the materials including the copy of the wound
Bail Appl.No. 881 of 2019

3

certificate produced by the petitioner, I find that

what is prominently and practically alleged in the

complaint is a specific instance of assault on

18.9.2018. Her further grievance is that she had

sustained some injuries including a suspected

fracture. In view of the suspected fracture, the

crime happened to be registered under Section 325

I.P.C. If it is only a single instance of assault,

it may not come under Section 498A I.P.C. For

such a prosecution, the lady must have been mentally

or physically harassed or tortured by a continued

course of cruel conduct, as meant under Section 498A

I.P.C. Anyway, let those aspects be considered

during trial.

3. Annexure-A2 wound certificate shows that no

fracture was clinically or otherwise detected at the

hospital. She complained of assault by her husband,

and on examination, the Doctor noticed some

tenderness over the left thigh, lower lumbar region

and left arm. No external injury was noticed by the

Doctor. It appears that the actual issue is some
Bail Appl.No. 881 of 2019

4

matrimonial dispute. I feel it inappropriate in the

above circumstances to detain the petitioner in

custody for interrogation or investigation. It will

suffice that the petitioner is directed to report

before the Investigating Officer for necessary

interrogation.

In the result, this petition for pre-arrest

bail is allowed. The petitioner is ordered to be

released on bail on his executing a bond with two

solvent sureties for ₹40,000/- (Rupees Forty

thousand only) each to the satisfaction of the court

below or the arresting officer having jurisdiction,

in case of his arrest in connection with Crime

No.1568/2017 of the Karamana Police Station. Bail

is granted on condition that:

a. The petitioner shall report before

the Investigating Officer for necessary

interrogation between 10.00 a.m and 11 a.m

on all Tuesdays for a period of two months.

b. The petitioner shall not in any

manner influence or intimidate the
Bail Appl.No. 881 of 2019

5

witnesses and shall not have any contact

with the material witnesses directly or

over telephone or otherwise. except for the

purpose of amicable settlement of the

dispute between them in case anybody

intervened for such a course.

Sd/-

P.UBAID
ma JUDGE

/True copy/
P.S to Judge
Bail Appl.No. 881 of 2019

6

PETITIONER’S EXHIBITS

APPENDIX

Annexure-A1: True copy of the FIR and FIS in

Crime No.1568 of 2018 of Karamana Police Station
dated 24/9/2018

Annexure-A2: A copy of the accident-cum- wound
certificate issued by Public Health Centre,
Iranimuttom on 19.9.2018

Annexure-A3: A copy of the accident cum wound
certificate issued by Taluk Hospital,
Thiruvananthapuram on 19.9.2018

Annexure-A4: Certified copy of the order dated
11.1.2019 in Crl.M.C No.2215 of 2018 before the
Court of Sessions Judge, Thiruvananthapuram.

/True copy/ P.S to Judge
Bail Appl.No. 881 of 2019

7

Annexure-A1:

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 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