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. 10380 OF 2023 CRIME NO.1643/2023 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/1ST ACCUSED: ANEESH, AGED 33 YEARS, S/O. BASHEER, AFINA MANZIL, PULIYOORKONAM, KATTAKKAODE P.O., KATTAKKADA, THIRUVANANTHAPURAM DISTRICT., PIN - 695 007. BY ADVS. M.B.SHYNI U.JAYAKRISHNAN RAJESH KUMAR R. RAMEES P.K. V.R.ANILKUMAR SARAFUDHEEN T. RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. BY ADV. SRI NOUSHAD K.A. (SR 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.10380/2023 2
ORDER
This is an application for anticipatory bail.
2. Petitioner is the 1st accused in Crime No.1643/2023 of Kattakada Police Station, Thiruvananthapuram district, alleging commission of offence under Section 498A of the Indian Penal Code.
3. The allegation against the petitioner is that after
the marriage of the petitioner with the defacto complainant, the petitioner along with the other accused have subjected the defacto complainant to mental and physical harassment with a demand for dowry and thereby the petitioner committed the offences alleged against him.
4. Learned counsel for the petitioner would submit
that while there are matrimonial disputes between the petitioner and the defacto complainant, the petitioner had no occasion whatsoever to commit any offence as alleged in the First Information Statement of the defacto complainant. It is submitted that, at any rate, considering the nature of the allegations, the custodial interrogation of the petitioner may not be necessary and that the petitioner will co-operate with
B.A.No.10380/2023 3 the investigation in every manner.
5. Heard the learned Senior Public Prosecutor also.
6. Having regard to the facts and circumstances of
the case and considering the nature of the allegations against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. No compelling reason is shown as to why the custodial interrogation of the petitioner may be necessary for a proper investigation into the crime registered against him.
7. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.1643/2023 of Kattakada Police Station, Thiruvananthapuram 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 like sum to the satisfaction of the arresting officer;
(ii) Petitioner shall appear before the investigating officer in Crime No.1643/2023 of Kattakada Police Station, B.A.No.10380/2023 4 Thiruvananthapuram district, 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 Crime No.1643/2023 of Kattakada Police Station, Thiruvananthapuram district;
(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.1643/2023 of Kattakada Police Station, Thiruvananthapuram district may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE ats