Gopinathan vs State Of Kerala

Gopinath P, J

The petitioners are accused 2 & 3 in Crime No.1330/2021 of Aluva Police Station, Ernakulam District alleging commission of offences under Section 498A read with Section 34 of the Indian Penal Code. The other accused in the case are the husband of the de facto complainant (1st accused) and sister of the 1st accused (the 4th accused).

The learned counsel for the petitioner submits that the marriage between the de facto complainant and the 1st accused (son of the petitioners herein) was solemnized on 29-03-2017. It is submitted that the 1st accused has filed a petition before the Family Court, Ernakulam seeking restitution of conjugal rights in the month of June, 2021. It is submitted that possibly on coming to know of the filing a petition for restitution of conjugal rights an unsigned complaint was filed by the de facto complainant seeking to extract a huge sum from the petitioners other family members. Thereafter in the month of July, 2021 the First Information Statement in Crime No.1330/2021 was given alleging commission of offences under Section 498A read with Section 34 of the IPC. The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter and the complaint has been filed purely as a pressure tactic. It is also submitted that the petitioners are aged 72 and 66 respectively and they suffer from age related diseases and their custodial interrogation is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor on instructions would submit that the investigation in the matter is progressing and that if this court is inclined to grant anticipatory bail to the petitioners the same may be with conditions to ensure that they do not interfere with the investigation in any manner. Though the de facto complainant was earlier represented through counsel it is reported that the learned counsel has now relinquished vakkalath.

Having regard to the facts and circumstances of the case and taking into consideration the nature of the allegations against the petitioners and also considering the fact that the custodial interrogation of the petitioners may not be necessary in the facts and circumstances of the case, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions.

In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.1330/2021 of Aluva Police Station subject to the following conditions:-

(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the Investigating officer in Crime No.1330/2021 of Aluva Police Station as and when summoned to do so;

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in  Crime No.1330/2021 of Aluva Police Station;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1330/2021 of Aluva Police Station may file an application before the jurisdictional Court for cancellation of bail.