Stephen Varghese vs State Of Kerala

P. Krishna Kumar , J

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Petitioners  are  accused  Nos.1  and  2  in Crime No.1026/2024 of Vallikunnam Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 85, 115(2), 126(2), 296(b), 3(5) of BNS, 2023.

The   prosecution   case   is   that   on 26.08.2024, the petitioners assaulted the defacto complainant alleging that the dowry given by them was not sufficient and when the de facto complainant fell down, the 1st petitioner kicked on her stomach and further assaulted her when she attempted to evade.

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

The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioners with the alleged crime; hence they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the petitioners, and they are not entitled to bail at this stage.

From the submission of both sides, it appears that the investigation of the case is now in an advanced stage. The prosecution records do not show that the petitioners have any criminal antecedents. At present, there are no reasons to hold that the custodial interrogation of the petitioners is unavoidable for the further progress of the investigation, particularly when the parties are husband, wife and in-laws. The anxiety expressed by the learned Public Prosecutor that the accused would interfere with the process of investigation if released on bail, can be addressed by imposing suitable conditions. Having considered the nature of allegations against the petitioners and the present stage of the investigation, it is only just and proper to release the petitioners on bail, in the event of their arrest.

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

(i) In the event of arrest, the petitioners shall be released on bail on execution a bond for Rs.1,00,000/-(Rupees One Lakh only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer.

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

(iii) The  petitioners  shall  appear  before the investigation officer as and when a notice in writing is issued in this regard by the investigating officer.

(iv) The petitioners shall not commit any offence of a like nature while on bail.

(v) The  petitioners  shall  not,  directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and they shall not tamper with the evidence.

(vi) The   petitioners   shall   not   leave Kerala without the permission of the trial court.

(vii) The application, if any, for detention/modification of the bail conditions or cancellation of bail on the ground of violating the bail conditions can be entertained by the jurisdictional court, if it is found necessary.