Bebins Thomas, vs State of Kerala,

Type Court Judgment Court Kerala Decided Nov 30, 2023

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https://sooperkanoon.com/case/1403437

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Citation: sooperkanoon.com/1403437
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Nov 30, 2023
Case Number: Bail Appl./9954/2023

Parties & Advocates

Appellant / Petitioner

Bebins Thomas,

Respondent

State of Kerala,

Excerpt

.....justice (care and protection of childern) act, 2015 and section 31 the protection of women from domestic violence act, 2005 (‘domestic violence act’ in short).3. the allegation against the petitioners is that afterthe 1st accused married the defacto complainant on 02-05-20211, the defacto complainant was subjected to physical and mental cruelty with a demand for dowry at the matrimonial home. it is further alleged that the interimorder issued in favour of the defacto complainant by themagistrate court under the provisions of the domestic b.a.no.9954/2023 3 violence act has been violated by the 1 st petitioner. the further allegation is that on 18-10-2023, the 1st accused assaulted his minor daughter aged nine years as also his minor son aged 11 years and thereby the petitioners committed the offences alleged against them.4. learned counsel appearing for the petitionerswould submit that the allegations are totally false. it is submitted that false allegations have been raised on account of matrimonial disputes between the 1st petitioner and the defacto complainant and to pressurize the the 1st petitioner into settlement of the matrimonial disputes. it is submitted that there is absolutely no violation of any order passed under the domestic violence act and the 1 st petitioner and the defacto complainant are now living together as husbandand wife along with their children. it is submitted that if there is any violation of any order passed under the provisions of the domestic violence act, it will always be open to the defacto complainant to seek execution of the same. it is submitted that in the above circumstances, the petitioners may be granted anticipatory bail.b.a.no.9954/2023 4 5. heard the learned public prosecutor also. 6. having heard the learned counsel for thepetitioners and the learned public prosecutor and having regard to the facts and circumstances of the case and considering.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 BAIL APPL. NO. 9954 OF 2023 CRIME NO.1204/2023 OF Chengannoor Police Station, Alappuzha PETITIONERS/ACCUSED NOS.1 AND 2: 1 BEBINS THOMAS, AGED 37 YEARS, S/O K C THOMAS, BENCY VILLA,ALA VILLAGE, ALA P.O.,CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 126. 2 LEELA THOMAS, AGED 73 YEARS, W/O K C THOMAS, BENCY VILLA, ALA VILLAGE, ALA P.O., CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 126. BY ADV P.V.DILEEP RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 THE STATION HOUSE OFFICER, CHENGANNUR POLICE STATION, CHENGANNUR P.O., ALAPPUZHA DISTRICT, PIN - 689 121 BY ADV. SRI G. SUDHEER (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.9954/2023 2

ORDER

This is an application for anticipatory bail.

2. Petitioners are accused in Crime No.1204/2023 of

Chengannoor Police Station, Alappuzha district, alleging commission of offences under Sections 498A, 323, 324, 294(b) r/w Section 34 of the Indian Penal Code, Section 75 of the Juvenile Justice (Care and Protection of Childern) Act, 2015 and Section 31 the Protection of Women from Domestic Violence Act, 2005 (‘Domestic Violence Act’ in short).

3. The allegation against the petitioners is that after

the 1st accused married the defacto complainant on 02-05-20211, the defacto complainant was subjected to physical and mental cruelty with a demand for dowry at the matrimonial home. It is further alleged that the interim

order issued in favour of the defacto complainant by the

Magistrate court under the provisions of the Domestic B.A.No.9954/2023 3 Violence Act has been violated by the 1 st petitioner. The further allegation is that on 18-10-2023, the 1st accused assaulted his minor daughter aged nine years as also his minor son aged 11 years and thereby the petitioners committed the offences alleged against them.

4. Learned counsel appearing for the petitioners

would submit that the allegations are totally false. It is submitted that false allegations have been raised on account of matrimonial disputes between the 1st petitioner and the defacto complainant and to pressurize the the 1st petitioner into settlement of the matrimonial disputes. It is submitted that there is absolutely no violation of any order passed under the Domestic Violence Act and the 1 st petitioner and the defacto complainant are now living together as husband

and wife along with their children. It is submitted that if there is any violation of any order passed under the provisions of the Domestic Violence Act, it will always be open to the defacto complainant to seek execution of the same. It is submitted that in the above circumstances, the petitioners may be granted anticipatory bail.

B.A.No.9954/2023                             4
      5.     Heard the learned Public Prosecutor also.
      6.     Having         heard     the    learned     counsel     for   the

petitioners and the learned Public Prosecutor and having regard to the facts and circumstances of the case and considering the nature of the allegations and also taking into account the submission of the learned counsel for the petitioners that the 1st petitioner and the defacto complainant are now living together as husband and wife, I am of the view that the petitioners can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of arrest in Crime No.1204/2023 of Chengannoor Police Station, Alappuzha district subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioners shall appear before the investigating B.A.No.9954/2023 5 officer in Crime No.1204/2023 of Chengannoor Police Station, Alappuzha district as and when summoned to do so;

(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness Crime No.1204/2023 of Chengannoor Police Station, Alappuzha district;

(iv) Petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.1204/2023 of Chengannoor Police Station, Alappuzha district may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. ats JUDGE

Same Court & Year Kerala · 2023 Same Parties Bebins Thomas, vs State of Kerala, Same Judge Honourable Mr. Justice Gopinath P.

Public prosecutor Domestic violence Having regard to magistrate court Husband and wife Mental cruelty