Rafeeq vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No.94 of 2022 of Karunagapally Police Station, Kollam District, alleging commission of offences under Sections 498A, 323, 294(b), 308 and 506 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that after the marriage of the petitioner with the de-facto complainant, the petitioner together with the other accused in the case had subjected the de-facto complainant to cruelty demanding dowry and thereby they committed the offences alleged against them.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. She submits that the allegation that the de-facto complainant was brutally attacked on 10.01.2022 at about 10.00PM and that the petitioner had tried to strangulate the de-facto complainant is absolutely incorrect. It is submitted that after the marriage of the petitioner with the de-facto complainant on 17.05.2015, two children were born out of the wedlock. It is submitted that the de-facto complainant was creating unnecessary issues requiring the petitioner to leave his parents and live separately. It is submitted that the petitioner was arrested on 07.02.2022 and has been in custody since.

Heard the learned Public Prosecutor also. The learned Public Prosecutor points out the circumstances of the case and submits that the matter is under investigation. It is submitted that if the petitioner is granted bail, there is every chance of the de-facto complainant being intimidated.

Having regard to the facts and circumstances of the case and considering that the petitioner has been in custody from 07.02.2022 and also taking into account the fact that his continued detention may not be necessary for a proper investigation into the matter, I am of the opinion that the petitioner can be directed to be released on bail subject to conditions.

In the result, this 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 a 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 report before the investigating officer in Crime No.94 of 2022 of Karunagapally Police Station, Kollam District, as and when called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.94 of 2022 of Karunagapally Police Station, Kollam District;

(4) 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.94 of 2022 of Karunagapally Police Station, Kollam District, may file an application before the Jurisdictional Court for cancellation of bail.