Robin Jose vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.249/2022 of Edathala Police Station, Ernakulam District alleging offence under Sections 498A of the Indian Penal Code, 1860.

The prosecution case is that the accused on 25.09.2021 kicked the de facto complainant and beat her on her left ear when she enquired about the adulterous life of the petitioner and thus, committed the offence.

The learned counsel appearing for the petitioner submit that the petitioner is absolutely innocent in the matter and that he is falsely implicated in the crime for justifying the matrimonial dispute.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

Accordingly, this bail application is allowed on the following conditions:-

(i) In the event of the petitioners being arrested in connection with Crime No.249/2022 of Edathala Police Station, Ernakulam, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(ii) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Since petitioner has obtained employment in Nigeria, he shall not leave India without intimating the place of employment and the place of residence at Nigeria to the Court having jurisdiction and shall also file an affidavit that he shall appear before the Court as and when required.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.