Bishanth K.M And Ors vs State Of Kerala

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioners are the accused Nos.1 to 4 in Crime No.39/2021 of Koilandy Police Station, Kozhikode. The offences alleged are under Sections

325, 498 A and 406 r/w Section 34 of IPC.

The prosecution case in short is that the defacto complainant was subjected to cruelty both physically and mentally by the petitioners and further the

petitioners misappropriated 23 sovereigns of gold ornaments of the defacto complainant. It is further alleged that on 30/10/2019, the first petitioner

brutally assaulted the defacto complainant.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present

case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The

learned Public Prosecutor opposed the bail application. She contended that the alleged incident occurred as a part of the intentional criminal acts of the

petitioners and if they are released on bail at this stage, it would affect the course of investigation.

The first petitioner is the husband of the defacto complainant. 2nd and 3rd petitioners are the parents and 4th petitioner is the sister of the defacto

complainant. There are no serious allegations against the petitioners 2 to 4. Considering the allegations levelled against them, their custodial

interrogation does not appear to be necessary. But so far as the first petitioner is concerned, there are serious allegations. It is specifically alleged that

on 30/10/2019, the first petitioner brutally assaulted the defacto complainant biting on her vagina in order to compel her for sexual intercourse.

Considering the seriousness of allegations levelled against the first petitioner, I am not inclined to invoke extraordinary jurisdiction vested with this

court u/s 438 of Cr.P.C. in his favour. For all these reasons, the petitioners 2 to 4 are entitled to pre-arrest bail on conditions.

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

(i) The petitioners 2 to 4 shall be released on bail in the event of their arrest on executing a bond for `1,00,000/- (Rupees One lakh only) each with two

solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioners 2 to 4 shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of

discovery, if any, as and when demanded.

(iii) The petitioners 2 to 4 shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The

petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners 2 to 4 shall not commit any offence of like nature while on bail.

(v) The petitioners 2 to 4 shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other

way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners 2 to 4 shall not leave State of Kerala without the permission of the trial Court.

(vii) The relief claimed by the first petitioner is rejected.