Baiju Jose vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the first accused in Crime No.434/2022 of Thrissur Town West Police Station registered for the offence under Sections 498A and 316 r/w Section 34 of the Indian Penal Code.

Prosecution case is that petitioner, who is the first accused is the husband of the defacto complainant and is alleged to have committed physical and mental cruelty after demanding dowry and thereafter on 25.03.2022 and on 19.04.2022 assaulted the defacto complainant causing an abortion of her pregnancy and thereby committed the offence alleged against him.

Sri.V.A.Johnson Varikkappallil, the learned counsel for the petitioner submitted that the petitioner is totally innocent and has been falsely roped into the case along with his mother. According to the learned counsel, since the petitioner was arrested on 02.05.2022, the continued detention of the petitioner is not required.

Smt.Nima Jacob, the learned Public Prosecutor vehemently opposed the grant of bail and submitted that releasing the petitioner on bail, at this juncture would prejudice the prosecution case.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 02.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.