Sunil Kumar vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.961/2021 of Mannanthala Police Station, Thiruvananthapuram District alleging commission of offences under Sections 294(b), 323 & 34 of the Indian Penal Code and Section 31(1) of the Protection of Women from Domestic Violence Act, 2005. The allegation against the petitioner is that on 11.7.2021, while under the influence of alcohol, he entered into the house of the de facto complainant, uttered obscene words against her and also attacked her by hitting her on her lower abdomen. It is also alleged that the petitioner violated an order passed by the Judicial First Class Magistrate Court-V, Thiruvananthapuram under the provisions of the Protection of Women from Domestic Violence Act, 2005. On the aforesaid allegations, Crime No.961/2021 was registered alleging commission of offences indicated above.

The learned counsel for the petitioner submits that the offenes under Sections 294(b) and 323 of the Indian Penal Code are bailable offences and that the only non-bailable offence alleged against the petitioner is that under Section 31(1) of the Domestic Violence Act. It is submitted with reference to Annexure-A3 that Annexure-A2 order under the Domestic Violence Act was not communicated to the petitioner.

The learned Public Prosecutor on instructions submits that while there are allegations which would attract Section 294(b) and 323 of Indian Penal Code, it is true that the order passed by the learned Magistrate under the Domestic Violence Act was not communicated to the petitioner.

Having regard to the facts and circumstances of the case and having regard to the fact that Annexure-A2 order was not communicated to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

In the result, this application for anticipatory bail is allowed. It is directed that in the event of arrest in Crime No.961/2021 of Mannanthala Police Station, the petitioner shall be released on bail subject to the following conditions:-

(i) The 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 jurisdictional Court;

(ii) The petitioner shall report before the investigating officer in Crime No.961/2021 of Mannanthala Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No.961/2021 of Mannanthala Police Station;

(iv) 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.961/2021 of Mannanthala Police Station, Thiruvananthapuram District may file an application before the jurisdictional Court, for cancellation of bail.