Sanad M.V. @ Sanadth vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the 2nd accused in Crime No.1138/2021 of Ollur Police Station, which was registered alleging offence punishable under Sections

341, 323, 324, 326, 294(b), 506(ii), 308 and 34 of IPC.

The prosecution case is that, the 1st accused who is the wife of the petitioner herein attacked the defacto complainant with a wooden stump on her

face and causing injury on nose of the defacto complainant. The defacto complainant is none other than the mother of the petitioner herein and the 1st

accused is the wife of the petitioner. It is also alleged by the prosecution that the petitioner attacked his father by hand and also tried to kill him by

pressing with a pillow on his face. He was arrested on 21/6/2021 and he is in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. According to the learned counsel, the petitioner's

wife who is the 1st accused in this case was subjected to domestic violence from the beginning of the marriage itself by the defacto complainant. It is

submitted that the parents of the petitioner has moved a complaint before the RDO court seeking maintenance from the petitioner and the same is

now pending consideration. On account of the dispute between the parties, the petitioner along with his wife voluntarily left the house of defacto

complainant and now residing elsewhere. He submits that on the date of occurrence, he along with his wife came to the place of residence of the

defacto complainant for the purpose of collecting certain materials belonging to him and while they were collecting the materials, the defacto

complainant caught hold the 1st accused and tried to strangle her. The petitioner intervened and the incident occurred in the said process.

The learned Public Prosecutor opposed the bail application. According to him, the defacto complainant was brutally attacked and the petitioner also

attempted to kill the father of the petitioner.

Basically, it is a dispute between the members of the family. There are disputes between the parties and there are allegations and counter

allegations against each other.

Considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, on strict conditions. It is

discernible that investigation has progressed substantially and further incarceration of the petitioner may not be necessary.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

(iv) The  petitioner  shall  also  appear  before  the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.

(viii) The petitioner shall not make any attempt to contact his parents through any means and he shall not enter into the residential building where his parents are

residing.