Rajesh vs State Of Kerala

The petitioner is the sole accused in Crime No. 751/2019 of Ernakulam Town North Police Station which has been registered for offences punishable under Section 326 of the IPC.

The prosecution case in short, is that the petitioner had quarreled with his wife 24.04.2019 at about 4.40 p.m., and during the course of said altercation, he had poured boiled water on her body causing severe injuries from her right shoulder up to right thigh on the back side of her body and thereby committed the aforesaid offence. The learned counsel for the petitioner would submit that the allegations have been falsely foisted on the petitioner, also that he has been undergoing treatment for his fractured leg, and had just removed his plaster and could not even walk without the help of a walker since 15.04.2019 and that therefore, it is highly improbable that the abovesaid alleged incidents which had taken place on 24.04.2019, should have taken place. Further, the petitioner would point out that the petitioner's wife had attempted to pour boiled water on him, but it accidently fallen on her etc. The petitioner has been under judicial custody since 30.04.2019. The learned counsel for the petitioner would submit that the allegations have been falsely foisted on the petitioner and that the continued detention of the petitioner is not really necessary as he has been under judicial custody since 30.04.2019 for the last more than 30 days. Accordingly, this Court may grant regular bail to the petitioner subject to stringent conditions.

The learned Prosecutor has opposed the grant of plea for bail and submits that the allegations raised against the petitioner are serious and since the investigation has not so far been completed, the petitioner is likely to intimidate or influence the witnesses including his wife etc.

After having heard both sides and taking note of the nature of the allegations raised against the petitioner and also the fact that the petitioner is the husband of the lady defacto complainant and also the fact that he has been under judicial custody for more than last 30 days, this Court is of the view that the plea of the petitioner for grant of regular bail may be granted subject to stringent conditions.

The learned Prosecutor's plea that the petitioner is likely to influence the witnesses etc. cannot be ruled out. Accordingly, stringent conditions can be imposed on the petitioner that he shall not reside anywhere within the territorial limits of the Police Station where the lady defacto complainant is residing until the conclusion of the trial.

Accordingly, it is ordered that the petitioner shall be released on bail on his executing bond for Rs.50,000/-(Rupees Fifty Thousand only) and on furnishing two solvent sureties for the like sum, each to the satisfaction of the competent court below concerned.

However the grant of bail will be subject to the following conditions:-

i. The applicant shall appear before the Investigating Officer on every 2nd and 4th Saturdays, at any time between 10 am and 1 pm, for a further period of 3 months or till final report is filed, whichever is earlier.

ii. He shall not intimidate or attempt to influence the lady defacto complainant, witnesses; nor shall he tamper with the evidence.

iii. He shall not commit any offence while on bail.

iv. The petitioner shall not go anywhere near the residence of the lady defacto complainant.

v. The petitioner shall not reside or enter into the territorial limits of the district where the lady defacto complainant is residing until the conclusion of investigation, except for the limited purpose of reporting before the Investigating Officer concerned in this crime, or for attending to the Court in relation to this case or any other cases or for contacting his lawyer/advocate concerned.

vi. The investigating officer will depute a police constable preferably, a woman constable to the residence of the lady defacto complaint and ascertain whether the petitioner has made any attempt to influence or intimidate her and if anything adverse comes to the notice of the investigating officer, he will deal with the matter in accordance with the law.

If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned shall stand hereby empowered to consider the plea for cancellation of bail if required, and pass appropriate orders in accordance with law.

With these observations and directions, the above Bail Application will stand disposed of.