Ajayakumar vs State Of Kerala

This is an application for anticipatory bail filed under Section 438 of the Cr.P.C.

The petitioner is the accused in the case registered as Crime No.46/2018 of the Sreekrishnapuram Police Station under Sections 420 and 498 A IPC.

The petitioner is the husband of the de facto complainant. Their marriage had taken place on 5.4.2007. It is alleged that while the petitioner and the de facto complainant were residing together, the petitioner misappropriated 60 sovereigns of gold ornaments belonging to the de facto complainant. It is further alleged that the petitioner is in possession of the car belonging to the de facto complainant. It is also alleged that on 18.11.2017, the petitioner demanded an amount of Rs.5,00,000/- from the de facto complainant.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary and also the report filed by the Investigating Officer.

On a perusal of the First Information Statement given to the police by the de facto complainant, it is seen that there is only a general allegation against the petitioner that he used to mentally and physically harass the de facto complainant with a view to coerce her to give him money and gold ornaments. There is no specific allegation against the petitioner that he committed any act of assault on the de facto complainant. Considering these aspects, I find that the discretion of the Court can be exercised in favour of the petitioner to grant him pre-arrest bail.

In the result, the petition is allowed and it is ordered as follows:

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each for the like amount in the event of his arrest by the police in Crime No.46/2018 of the Sreekrishnapuram Police Station.

(ii) The petitioner shall appear before the investigating officer between 9 a.m. and 11 a.m. on all Saturdays for a period of two months after being released on bail.

(iii) The petitioner shall not in any manner intimidate or influence the de facto complainant or other prosecution witnesses in the case.

(iv) The petitioner shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned.

(v) The petitioner shall appear before the investigating officer as and when required by him in writing to do so.