Shilimon vs State Of Kerala

Ziyad Rahman A.A, J

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

Petitioner is the accused in Crime No.261 of 2023 of Nattukal Police Station. The offence alleged against the petitioner is under Section 31(1) of the Protection of Women from Domestic Violence Act.

The prosecution case is that, on 18.05.2023 at 15:15 hours, the petitioner trespassed into the house of the de facto complainant, the wife of the petitioner, had threatened and abused her in violation of the order under the Protection of Women from Domestic Violence Act, passed by the jurisdictional court. The crime was registered in such circumstances, and as part of the investigation, the petitioner was arrested on 19.05.2023 and since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Smt. Smitha Babu, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.

The specific contention put forward by the learned counsel for the petitioner is that this is a false case at the instance of the de facto complainant, the wife of the petitioner, consequent to the matrimonial dispute between the parties. The learned counsel denies the entire allegations raised against the petitioner. It is further pointed out that, considering the nature of the allegations raised, the continued incarceration of the petitioner is unjustifiable. On the other hand, the learned Public Prosecutor would oppose the said application by pointing out that besides the present crime, he is also involved in some other crimes including the offence under the POCSO Act. This matter is being investigated and the learned Public Prosecutor opposes the release of the petitioner at this stage.

I have gone through the records. Even though there are some allegations raised against the petitioner, it is evident from the records that no injuries were sustained to anyone. The petitioner has been in custody since 19.05.2023. Considering the nature of the allegations and the period of detention, the petitioner had already undergone, I am of the view that further incarceration of the petitioner may not be necessary. The petitioner can be released on bail by imposing appropriate conditions to ensure that the petitioner is not intimidating or influencing the victim or any witnesses.

In such circumstances, this bail application is allowed, and petitioner is allowed to release on bail subject to 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 Court.

(ii) The petitioner shall fully cooperate with the investigation.

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

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

(v) The petitioner shall not commit any offence of similar 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 in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) Petitioner shall not enter the house where the de facto complainant resides, until further orders.

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

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