Oswin William Correya vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

The petitioner is the accused in Crime No.1042/2021 of Edathala Police Station, Ernakulam District, alleging commission of offence under Section 498A of the Indian Penal Code. The allegation against the petitioner is that he mentally and physically harassed the de facto complainant and thereby committed the offence under the aforesaid provision of law.

The petitioner and the de facto complainant were married on 12.2.2021 under the provisions of the Special Marriage Act. The First Information Statement given by the de facto complainant would suggest that on 21.9.2021 when the de facto complainant had enquried as to why the petitioner had not come back home till 5.30 a.m.in the morning, the petitioner caught hold of the de facto complainant and pressed her head against the wall and also used a pillow to smother her. A reading of the First Information Statement would show that the de facto complainant had not approached any hospital or doctor for any treatment following that incident.

The learned counsel for the petitioner submits that the allegations against the petitioner are totally false and that the complaint was filed only on account of the fact that the petitioner and the de facto complainant, who had got married without the consent of their parents, had, on the petitioner's insistence, gone to meet the parents of the petitioner. It is alleged that this infuriated the de facto complainant, which led to the filing of the false complaint against the petitioner.

The learned Public Prosecutor on instructions submits that the investigation in the matter is progressing. However, she accedes that the custodial interrogation of the petitioner may not be necessary for the purposes of proper investigation. She adds that appropriate conditions may be incorporated to ensure that the petitioner does not interfere with the investigation in any manner.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to conditions.

In the result, this application for anticipatory bail is allowed. It is directed that in the event of arrest in connection with Crime No.1042/2021 of Edathala Police Station, the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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. 1042/2021 of Edathala Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 1042/2021 of Edathala 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.1042/2021 of Edathala Police Station, Ernakulam District may file an application before the jurisdictional Court, for cancellation of bail.