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
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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
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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
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Annexure-A1:
