Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 BAIL APPL. NO. 165 OF 2022 Crime No.973/2021 of Nedumkandam Police Station PETITIONER/ACCUSED: ANIMON @ ANILKUMAR AGED 48 YEARS, S/O.NARAYANAN, VAKKEL HOUSE, KULAPPARACKAL KARA, VATTAPPARA P.O., RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, PIN - 695 028. BY ADV PAUL K.VARGHESE RESPONDENT/STATE OF KERALA: STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, NEDUMKANDAM POLICE STATION REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AND ERNAKULAM, PIN - 682 031. OTHER PRESENT: SRI. T.R. RENJITH (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.165/2022 -2-
ORDER
The petitioner is the accused in Crime No.973/2021 of Nedumkandam Police Station, alleging commission of offences under Sections 294 (b), 323, 506 (1) read with Section 31 (1) of the Protection of Woman from Domestic Violence Act.
2. The allegation against the petitioner is that the petitioner assaulted the
de facto complainant while she was waiting in the visiting room of Nedumkandam Grama Nyayalaya Court and attempted to snatch away her chain and also shouted obscenities and therefore he committed the offences alleged against him. It is also alleged that the petitioner violated a protection order obtained by the de facto complainant under the Domestic Violence Act, 2005.
3. The learned counsel for the petitioner submits that the petitioner is
absolutely innocent in the matter. It is submitted that the allegations are false and fabricated. It is submitted that the petitioner had assigned his entire landed property having an extent of 2.5 acres of land with building in favour of the de facto complainant.
4. Heard the learned Public Prosecutor also. The learned Public
Prosecutor points out the circumstances of the case and submits that the allegations against the petitioner are serious. It is submitted that the case is under investigation and a true picture will be evident only after the investigation is completed.
5. Having regard to the facts and circumstances of the case, I am of the
view that the petitioner can be granted anticipatory bail subject to conditions. I note that taking into account the allegations raised against the petitioner custodial interrogation may not be necessary. I also note that pursuant to an oral direction B.A. No.165/2022 -3- issued by this Court, the petitioner has filed an affidavit stating that he will not violate any order passed by any court including any orders passed by the Grama Nyayalaya, Nedumkandam under the provisions of the Domestic Violence Act. This is recorded In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.973/2021 of Nedumkandam Police Station subject to the following conditions:-
(i) Petitioner shall execute a 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 report before the Investigating officer in Crime No.973/2021 of Nedumkandam Police Station as and when called upon 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.973/2021 of Nedumkandam 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.973/2021 of Nedumkandam Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AMG