Anu Varghese vs Sub Inspector Of Police

The petitioner is the accused No.1 in Crime No.908/2019 of Karukachal Police Station which has been registered for offences punishable under

Secs.451, 341, 294(b), 326, 308 and 188 r/w Section 34 of IPC and Section 31 of Domestic Violation Act, 2005.

The prosecution case in brief is that, the lady defacto complainant is now living together with the father of the petitioner (A1), who is also the

husband of A2 (mother of A1) and A3 is the wife of A1 and that the lady defacto complainant and A1 are now living separately and that due to

enmity towards the lady defacto complainant in having relationship with his father and with the intention to cause threat to her etc., the accused

persons on 22.05.2019 at 12.30 noon, in furtherance of their common intention committed criminal trespass into the residential house of the lady

defacto complainant and that A1 beat his father on his back with a chair which resulted in fracture on his ribs and when he fallen on the ground, the

lady defacto complainant had tried to lift him up, A2 and A3 had wrongfully restrained her, and then A1 by using an iron chair had beat on the head of

the lady defacto complainant causing injury etc. The petitioner has been arrested in relation to the instant crime on 22.05.2019 and under has been

under judicial custody since then. It is stated that the petitioner is now permanently working in Malaysia and had come to Kerala for his holidays and

submitted that the abovesaid allegations have been falsely foisted on him by the lady defacto complainant in order to entrap his father and take his

wealth etc.

The learned Prosecutor has opposed the grant of bail submitting that the petitioner is likely to influence and intimidate the witnesses. It appears that

the father of A1 (who is the husband of A2) had developed a relation with the lady defacto complainant and that now they are living together as man

and wife and this created unpleasant situations in the family etc. The alleged incident has to be assessed in the background of these crucial factual

aspects. After hearing both sides and after evaluating facts and circumstances of the case, this Court is of the considered view that the continued

detention of the petitioner is no longer necessary. However, strict conditions should be laid down to ensure that the petitioner does not influence or

intimidate the witnesses etc. Accordingly, it is ordered that the petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty

Thousand only) and on furnishing two solvent sureties for the like sum, each to the satisfaction of the competent court below concerned.

However the grant of bail will be subject to the following conditions:-

i. The applicant shall appear before the Investigating Officer on every 2nd and 4th Saturdays, at any time between 10 am and 1 pm, for a further

period of 3 months or till final report is filed, whichever is earlier.

ii. He shall not intimidate or attempt to influence the lady defacto complainant, witnesses; nor shall he tamper with the evidence.

iii. He shall not commit any offence while on bail.

iv. The petitioner shall not visit or go anywhere near the residence of the lady defacto complainant until the conclusion of the trial.

v. The petitioner shall file an affidavit before the Jurisdictional Magistrate court concerned undertaking that he would travel abroad only after getting

prior permission of the said court. The said court is authorized to independently consider any application filed by the petitioner to permit him to travel

abroad.

vi. The petitioner shall not reside or enter into the territorial limits of the district where the lady defacto complainant is residing until the conclusion of

trial, except for the limited purpose of reporting before the Investigating Officer concerned in this crime, or for attending to the Court in relation to this

case or any other cases or for contacting his lawyer/advocate concerned.

If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned shall stand hereby empowered to consider

the plea for cancellation of bail if required, and pass appropriate orders in accordance with law.

With these observations and directions, the above Bail Application will stand disposed of.