Suresh Babu vs State Of Kerala

Gopinath P, J

The petitioner is the 1st accused in Crime No.1835/2021 of Nemom Police Station, Thiruvananthapuram District alleging commission of offences under Sections 498A & 506 (ii) of the Indian Penal Code.

The petitioner got married to the de facto complainant on 23-02-2019. It is alleged that the petitioner together with the 2nd accused in the case (mother of the petitioner) had harassed de facto complainant mentally and physically demanding dowry. It is also alleged that she had suffered injury as a result of physical assault by the petitioner and his mother.

The learned counsel for the petitioner submits that the petitioner had initiated proceedings for divorce as O.P No.752/2021 before the Family Court, Thiruvananthapuram. He submits that those proceedings were initiated in the month of March and in the month of April, 2021, the brother of the de facto complainant and others attacked him and caused very serious injuries, as a result of which the petitioner is presently unable to stand up or to speak. It is submitted that the aforesaid crime has been registered only as a counter blast and to prevent the petitioner from filing a complaint against the brother of the de facto complainant and others for attacking him in the month of April, 2021.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor would submit that the investigation in the matter is only progressing and that there is a wound certificate in respect of injuries sustained by the de facto complainant allegedly owing to the physical assault by the petitioner and his mother and that the injuries are in sync with the allegations in the First Information Statement. It is submitted that the petitioner had met with an accident and it is yet to be ascertained as to whether he had suffered injuries on account of assault by the brother of the de facto complainant and others. It is submitted that the petitioner has not failed any complaint before the police alleging assault by the brother of the de facto complainant and others.

Having regard to the facts and circumstances of the case and taking into consideration of the nature of the allegations against the petitioner and also taking into account the health condition of the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.1835/2021 of Nemom Police Station subject to the following conditions:-

(i) 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) Petitioner shall appear before the Investigating officer in Crime No.1835/2021 of Nemom Police Station as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1835/2021 of Nemom Police Station;

(iv) 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.1835/2021 of Nemom Police Station may file an application before the jurisdictional Court for cancellation of bail.