Vipin vs State Of Kerala And Ors

This is an application for anticipatory bail moved by the accused in Crime No.96 of 2021 of Kunnamkulam police station which was registered

alleging offence punishable under Sections 294(b), 506(i), 511 and 323 of the IPC and Section 31 of Protection of Women from Domestic Violence

Act. The crime was registered on the basis of a private complaint preferred before the Magistrate which was forwarded under Section 156(3)

Cr.P.C.

Heard the learned counsel for the petitioner and also the learned Public Prosecutor.

According to the learned counsel for the petitioner, the petitioner was abroad for long and using his earnings, the house was re-constructed and now

under a protection order he has been denied permission to enter the house. Alleging violation of the order, the crime was registered at the instance of

the mother who is dancing to the tunes of his sister; there are imminent civil disputes between the parties. According to the petitioner, he is taking care

of his younger brother, who is a mentally retarded person and that he has no intention to cause any harm to the mother who is residing in the house.

After hearing the learned counsel on both sides and considering the background of the facts narrated above, and also having regard to the relationship

between the parties, I am convinced that this is an imminently fit case for granting anticipatory bail to the petitioner. In the circumstances, the petition

is allowed subject to the following conditions:-

i) The petitioner shall appear before the Investigating Officer within ten days from today and will make himself available for interrogation;

ii) In the event of arrest, the petitioner shall be released on bail on the very day, on his executing a bond for Rs. 50,000/-(Rupees Fifty Thousand Only)

with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) He shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) He shall not involve himself in any crime during the period on bail;

v) He shall appear before the Investigating Officer/Court as and when required;

vi) He shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake

of Covid 19 pandemic;

vii) It is specifically ordered that he shall not enter the disputed building and shall not cause any disturbance to the peaceful residence of the mother in

the house.

viii) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.