Joy vs State Of Kerala

Gopinath.P, J

The petitioner is the accused in Crime No. 1466/2021 of Vizhinjam Police Station, Thiruvananthapuram District alleging commission of offence punishable under Section 498 A of the Indian Penal Code.

The allegation against the petitioner is that after the marriage of the petitioner with the de facto complainant on 15.01.1996, the petitioner used to harass the de facto complainant and his daughter born out of wedlock with the de facto complainant. It is alleged that on 30.05.2021, the petitioner attempted to hurt his minor daughter and when the de facto complainant attempted to prevent the same, the petitioner hit the de facto complainant with a chair and thereafter attempted to kill her by tightening a shawl around her neck.

Learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the allegations are false and baseless. It is submitted that there has been no harassment as alleged in the first information statement of the de facto complainant. It is submitted that after the marriage of the petitioner with the de facto complainant on 15.01.1996, no allegations have been raised for nearly 25 years. It is submitted that the petitioner has been in custody from 13.02.2022 and his continued detention is not necessary for the purposes of the investigation.

The learned Public Prosecutor opposes to grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that there are clear indications that the allegations against the petitioner are true. It is submitted that the petitioner is not entitled to be released on bail at present.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, I am of the view that the petitioner can be granted bail especially considering the fact that he has been in custody from 13.02.2022 and has completed 51 days in custody. His continued detention does not appear necessary for the purposes of the investigation. I also take note of the fact that the allegations have been raised for first time, after nearly 25 year of marriage.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

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

(ii) The petitioner shall report before the Investigating officer in Crime No. 1466/2021 of Vizhinjam Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 1466/2021 of Vizhinjam Police Station;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 1466/2021 of Vizhinjam Police Station may file an application before the jurisdictional Court for cancellation of bail.