Shyju vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.632 of 2021 of Ayyampuzha Police Station, Ernakulam District, alleging commission of offences under Sections 341, 450, 294(b), 506(i) and 307 of the Indian Penal Code, in respect of which a final report has already been filed.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is none other than the mother-in-law of the petitioner. It is submitted that an alteration took place between the petitioner and his father-in-law, when the petitioner had gone to his wife's house to see his wife and his child. It is submitted that the entire episode actually stems from marital disputes between the petitioner and his wife. It is submitted that the petitioner has been in custody from 23.11.2021 and his continued detention is not necessary for the purpose of any investigation as a final report has already been filed in the matter.

The learned Public Prosecutor opposes the grant of bail mainly on the ground that the petitioner has criminal antecedents. The details of four cases registered earlier against the petitioner, which include proceedings under Section 107 of the Cr.P.C, have been pointed out. It is submitted that if the petitioner is granted bail, there is every chance of similar offences being committed in future.

The learned counsel for the petitioner, Adv.Nayana Varghese submits that in all the cases now reported as criminal antecedents against the petitioner, the petitioner has been tried and acquitted. It is submitted that these cases cannot therefore be considered as a bar in granting bail to the petitioner especially considering the long period of incarceration as an under trial prisoner.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the fact that the petitioner has been in custody from 23.11.2021, I am of the opinion that the petitioner can be granted bail subject to conditions.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.632 of 2021 of Ayyampuzha Police Station, Ernakulam District, as and when called upon to do so;

(3) The petitioner shall not enter the local limits of Ayyampuzha Police Station, except for the purpose of complying with condition No.(2) above until further orders;

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.632 of 2021 of Ayyampuzha Police Station, Ernakulam District;

(5) The 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.632 of 2021 of Ayyampuzha Police Station, Ernakulam District, may file an application before the Jurisdictional Court for cancellation of bail.