Shihabudheen A.P vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.188/2022 of Vadakkekad Police Station, Thrissur District alleging commission of offences under Section 498A of the Indian Penal Code.

The allegation against the petitioner is that the petitioner married the 3rd respondent on 01-11-2009 and two children were born out of the wedlock. It is alleged that the petitioner treated the 3rd respondent with cruelty and physically and mentally harassed her. It is alleged that the petitioner developed an illicit relationship with another lady and whenever the 3rd respondent questioned the same, the petitioner abused and assaulted the 3rd respondent. It is also alleged that the petitioner often came in an inebriated condition and verbally abused the 3rd respondent. It is alleged that the gold ornaments belonging to the 3rd  respondent were misappropriated by the petitioner and thereby he committed the offences alleged against him.

Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and has been falsely implicated. It is also submitted that the allegations are raised only to settle other matrimonial disputes between the petitioner and the 3rd respondent.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and being convinced that the custodial interrogation of the petitioner may not be necessary for the purpose of any investigation, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.188/2022 of Vadakkekad Police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.188/2022 of Vadakkekad Police Station as and when summoned to do so;

(iii) Petitioner shall not interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.188/2022 of Vadakkekad Police Station;

(iv) 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.188/2022 of Vadakkekad Police Station may file an application before the jurisdictional court for cancellation of bail.