Udeesh Kumar P.V vs State Of Kerala

Gopinath P, J

Petitioner is the accused in Crime No.514/2021 of Cheemeni Police Station, Kasaragode District alleging commission of offences punishable under Section 498A of the IPC. The petitioner and the de facto complainant were got married on 15.6.2015. It is alleged that when the de facto complainant questioned the illicit relationship of the petitioner, she was harassed and manhandled by the petitioner. The incident is said to have been taken place on 31.10.2021.

The learned counsel for the petitioner submits that the petitioner is a serving Indian Army personnel and is currently serving in Assam. It is submitted that the allegations do not constitute an offence under Section 498A of the Indian Penal Code. It is submitted that the custodial interrogation of the petitioner is not necessary for the purpose of investigation of the matter.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and taking in to account of the fact that the custodial interrogation of the petitioner may not be necessary for a purpose of investigation into the matter, I am of the view that the petitioner can be granted anticipatory bail.

In the result, this application is allowed. It is directed the petitioner shall be released released on bail in the event of arrest in connection with Crime No.514/2021 of Cheemeni Police Station, Kasaragode District 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 likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.514/2021 of Cheemeni Police station as and when summoned to do so;

(iii) The 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.514/2021 of Cheemeni 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.514/2021 of Cheemeni police station may file an application before the jurisdictional Court, for cancellation of bail.