Jomon vs State Of Kerala

This application is filed under Section 438 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.3002 of 2020 of Kundara Police Station. The offences alleged against the petitioner are punishable under Sections 294(b), 323, 506 of the IPC and Section 31 of the Protection of Women from Domestic Violence Act, 2005.

The petitioner is the husband of the de-facto complainant. The de-facto complainant preferred an application under the Domestic Violence Act before the Judicial First Class Magistrate Court - I, Kollam and obtained a Protection Order in favour of her. In violation of the Protection Order passed by the learned Magistrate, the petitioner trespassed into the rented house where the de-facto complainant is residing and manhandled her and her parents.

The petitioner contends that the allegations are false and fabricated.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

The learned Counsel for the petitioner submitted that a number of litigations are pending between the parties before the Family Court, Kollam and the de facto complainant got registered the present crime with intend to pressurize the petitioner to settle the other matrimonial disputes between the parties.

The learned Public Prosecutor submits that taking into account the relationship between the parties and nature of allegations, prosecution has no serious objections in granting anticipatory bail on conditions.

Custodial interrogation of the petitioner is not warranted in this case

I have perused the materials placed before the Court. Having regard to the nature of allegations raised, the relationship between the parties and the fact that other litigations are pending between the parties before the Family Court, Kollam, I am of the view that the petitioner can be given the benefits under Section 438 Cr.P.C.

In the result, this Bail Application is allowed as follows :

(i) The petitioner shall appear before the Station House Officer, Kundara on or before 30.4.2021 for interrogation.

(ii) The Station House Officer, Kundara is directed to release the petitioner, in the event of his arrest, on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the likesum.

(iii) The petitioner shall appear before the Investigating Officer as and when required.

(iii) The petitioner shall not interfere with the process of investigation. He shall not intimidate or influence the witnesses in this case.