Jayan.S @ Adithyan vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.401 of 2021 of Chavara Police Station, Kollam District registered for the offences punishable

under Sections 498A, 294(b) and 506 of the Indian Penal Code the petitioner has moved this application under Section 438 of the Code of Criminal

procedure.

The prosecution case is as follows :-

The petitioner has married the defacto complainant as per the custom of their community on 25.01.2019 and they resided together as

husband and wife. She was having 100 sovereigns of gold ornaments and an amount of Rs.10 lakhs in her account at the time of her marriage. The

petitioner has misappropriated her gold ornaments and money and subjected her to severe mental and physical harassment. He used to abuse her and

threaten her with dire consequences demanding money. Thus he has committed the aforesaid offences.

Heard the learned counsel for the petitioner,learned Public Prosecutor and the learned counsel for the respondent.

The marriage of the petitioner as well the defacto complainant was second marriage. The defacto complainant was having a child in her first

marriage and the child was also residing with the defacto complainant. According to the learned counsel for the petitioner he has not committed the

offences as alleged but has been falsely implicated in the case at the instance of the defacto complainant. He has even treated her son in the first

marriage as his own son. When he noticed her connection with another person through frequent whatsApp chatting and video calls he objected the

same and that has ended in implicating him in this false case. In fact, he is totally innocent.

The learned Public Prosecutor has pointed out that as the investigation of the case is only at the initial stage granting of pre arrest bail will affect the

case adversely.

The learned counsel appearing for the defacto complainant, who is impleaded as the second respondent had submitted that she was

subjected to severe mental and physical cruelty by the petitioner and he used to threaten her with dire consequences. In fact, on 23.03.2021 he came

to her residence and threatened her and her parents by pointing a knife to them and only due to the intervention of the neighbours he had withdrawn

from his attempt. Hence, this application is strongly opposed by her.

It is true that the marriage of the defacto complainant as well the petitioner is second marriage. The defacto complainant is having a son in her first

marriage. From the records available before me as such, it could be seen that on 23.03.2021 the petitioner came to the residence of the defacto

complainant and talked to her son in an arrogant manner. Of course, it was after handing over certain gifts to the child. Then the defacto complainant

expressed her displeasure on his attitude towards the minor child. Infuriated by the same, he threatened the defacto complainant and her parents and

created a horrendous situation.

It is prima facie revealed from the records that the relationship between the couple has strained due to various reasons. He used to shower obscene

words and filthy language towards her in his conversations with her. Both of them are artists engaged with their respective works. The defacto

complainant is running a dance school also. Apparently the relationship has strained within two years of their marriage and now the defacto

complainant is having two children and she is residing with her parents and minor children. Prima facie, it appears that he had raised death threats to

intimidate her. It was not only towards her but also towards her parents. The seriousness of the alleged offence has to be evaluated in the backdrop of

the allegation that she was harassed by him for dowry after misappropriating her money.

But the materials available before me, are not sufficient to infer that custodial interrogation of the petitioner is absolutely necessary to proceed with

the investigation of the case, which is well in progress.

Therefore, I think this application can be disposed of directing the petitioner to surrender before the investigating officer on 13.07.2021 at 11.00 am.

Upon such surrender, after recording his arrest and after interrogation he shall be released on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the

satisfaction of the investigating officer .

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)Heshall co-operate with the investigation and trial of the case.

(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) He shall not commit any offence while on bail.

(vi) He shall not enter into the jurisdictional limits of Chavara Police Station except, when he is summoned by the investigating officer for investigation of the case.

(vii) He shall not visit the residential house of the defacto complainant or enter into the dance school run by her.

(viii) He shall not cause any disturbance to her work as she is an artist.

(ix) He shall not make any interview in any channel or in the social media regarding his marital life with the defacto complainant or pass any derogative remarks which

would affect her reputation. (The defacto complainant is also directed not to give any interview in any channels regarding her marital life with this petitioner)

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.