Pradeep Kumar vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.1081 of 2021 of Aranmula Police Station, Pathanamthitta District, alleging commission of offences under Sections 323, 326, 506(i) and 498(A) of the Indian Penal Code.

The petitioner got married to the de-facto complainant in the month of September 1999. It is alleged that on account of the failure of the de-facto complainant to part with an amount of Rs.1,00,000/-, the petitioner had attacked the de-facto complainant with a rafter causing severe injuries including fracture of rib bone.

The learned counsel for the petitioner would submit that the petitioner was working in the Gulf countries and his entire income had been used for the welfare of the de-facto complainant and he had constructed a house using the hard earned money. It is submitted that the allegations are totally false.

The learned Public Prosecutor, on instructions, would submits that this is a case where there are serious injuries on the de-facto complainant. He submits that one rib bone of the de-facto complainant was fractured owing to the attack by the petitioner using a rafter. He submits that the grant of bail may not be conducive to the investigation into Crime No.1081 of 2021 of Aranmula Police Station.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 19.10.2021 and that the petitioner and the de-facto complainant were married for nearly 22 years and also considering the fact that further custodial interrogation of the petitioner may not be necessary in the matter, I am inclined to grant bail to the petitioner subject to strict conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

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

(2) Petitioner shall appear before the investigating officer in Crime No.1081 of 2021 of Aranmula Police Station, Pathanamthitta District, on every Saturday at 11 am until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.1081 of 2021 of Aranmula Police Station, Pathanamthitta District;

(4) The petitioner shall surrender his passport before the Jurisdictional Court;

(5) 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.1081 of 2021 of Aranmula Police Station, Pathanamthitta District, may file an application before the Jurisdictional Court for cancellation of bail.