Sucheendran K.C vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The petitioner is the 1st accused in Crime No.1242 of 2021 of Maradu Police Station, registered under Sections 323, 342, 498A, 506 read with Section 34 of IPC.

The prosecution allegation is that, the petitioner, who is the husband of the de facto complainant, and his mother subjected her to matrimonial cruelties, both mental and physical, demanding more dowry.

According to the petitioner, he is absolutely innocent of this crime. He never subjected the de facto complainant to mental or physical cruelties, as alleged by her. Three children were born in their wedlock and now the children are with the petitioner under his care and custody. The elder child is suffering from severe illness and he was subjected to several surgeries. That child also is taken care of by the petitioner. If he is arrested and sent to jail, there is nobody to look after his children.

The de facto complainant was impleaded as additional 3rd respondent. According to her, the petitioner received huge amounts from her father for his business purposes. She was physically assaulted by the petitioner, when she questioned his illicit relationship with other ladies. She filed a complaint before Maradu Police Station on 04.08.2021 against the petitioner and his mother. She would say that, the petitioner is not entitled for the discretionary relief of anticipatory bail.

Since the dispute is based on matrimonial issues, the parties were directed to appear before the Medication Centre attached to this Court, as they were ready to explore the possibility of a settlement. But, the mediation could not succeed.

Now the point to be considered is, whether the petitioner is entitled to be released on anticipatory bail.

Heard learned counsel for the petitioner, de facto complainant, and also the learned Public Prosecutor.

Admittedly, the petitioner and the additional 3rd respondent are husband and wife. Their marriage was on 22.11.2007 and three children were born in their wedlock. Because of marital discord, now they are living separate and the children are with the petitioner, and they are studying in Pune. The petitioner would say that, his elder child is sick and he had undergone several surgeries and he is taking care of the treatment and education of all the children. He filed Divorce O.P No.415 of 2021 before Family Court at Pune on 11.01.2021. After getting notice in that O.P, on 04.08.2021, the de facto complainant lodged a complaint before Maradu Police Station, only to wreck vengeance.

Learned counsel for the petitioner drew attention of this Court to the F.I statement of the de facto complainant which will show that the father and brother of the de facto complainant had taken her to a Clinical Psychologist at Renai Hospital. According to him, the de facto complainant was having some mental abrasions which created problems in their matrimonial life.

Though learned Public Prosecutor also opposed the Bail Application, nothing is shown which necessitates custodial interrogation of the petitioner. No criminal antecedents are reported against him. Three minor children are under his care and custody. So, if he is arrested and remanded, it will affect the welfare and well-being of the children also. Considering all these facts, this Court is inclined to allow this petition.

In the result, this Bail Application is allowed on the following conditions:

(i) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.

(ii) The petitioner shall appear before the Investigating Officer as and when required.

(iii) He 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.

(iv) He shall not tamper with the evidence.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the Jurisdictional Magistrate is empowered to cancel the bail, in accordance with law.