Jayan vs State Of Kerala

M. R.Anitha, J

Petitioner is the accused in crime No.2142/2021 of Kothamangalam Police Station, Ernakulam which is registered for the offences punishable u/s.308 & 498-A.

It is alleged that the petitioner married the defacto complainant on 30.04.2006 as per the religious rites and ceremonies, while so, living together, in May 2021, he manhandled the defacto complainant alleging that she is financially not sound and on 21.08.2021 at about 1.00 p.m accused hit her with a torch and caused grievous injury on her forehead and if it was not evaded by her, touching on her head, death would have occurred, thereby accused committed the offences aforementioned.

According to the learned counsel for the petitioner, the petitioner had been arrested on 23.08.2021 and thereafter he has been under confinement.

The Inspector of Police, Kothamangalam Police Station, filed Report along with copy of FIR and FIS. The case is said to be under investigation. There is possibility of influencing the witnesses and threatening them and destroying the evidence.

Hence he prayed for dismissal of the petition.

Petitioner is the husband of the defacto complainant. He has been under confinement from 23.08.2021 onwards. The recovery is already over. So taking into account the gravity of offence and period of confinement already undergone by him, continued confinement of the petitioner in this case is not seems necessary.

Considering the period of detention undergone by the petitioner, I find it just and proper to grant bail to the petitioner on the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.

(ii) He shall report before the investigating officer on every Monday and Friday between 9.00 a.m and 11.00 a.m for three months or until the Final Report is filed, whichever is earlier.

(iii) He shall not cause any harm whatsoever either physically or mentally upon the defacto complainant.

(iv) He shall surrender his passport before the trial court within ten days from the date of his release on bail and in case he does not have any passport, he shall file an affidavit to that effect.

(v) He shall not try to contact or influence the witnesses or tamper with the evidence;

(vi) He shall not involve in any crime during the period on bail.

In case of violation of any of the above conditions, the jurisdictional court will be at liberty to cancel the bail in accordance with the law.

This bail application is allowed as above.