Full Judgment
B.A.No.679/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 BAIL APPL. NO. 679 OF 2022 CRIME NO.1019 OF 2021 OF THADIYITTAPARAMBU POLICE STATION PETITIONER/ACCUSED: VIJU THOMAS AGED 52 YEARS PANAYIL HOUSE, MALAYIDOMTHURUTH POST, KIZHAKKAMBALAM VILLAGE, ERNAKULAM ERNAKULAM, PIN - 683561 BY ADVS. C.A.CHACKO C.M.CHARISMA RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SMT. SEETHA .S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.679/2022 2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.1019/2021 of Thadiyittaparamba Police Station, Ernakulam District alleging commission of offence under Section 498A of the Indian Penal Code.
3. The allegation against the petitioner is that, after he married the
de facto complainant on 22.1.2001, the petitioner started harassing the de facto complainant mentally and physically demanding more dowry. It is also alleged that the petitioner had failed to provide maintenance for the de facto complainant and her children.
4. The learned counsel appearing for the petitioner would submit that the
petitioner is absolutely innocent in the matter. It is submitted that the petitioner is a physically handicapped person suffering from 40% disability. It is submitted that baseless allegations have been raised to settle other matrimonial disputes. It is submitted that the petitioner had no occasion to physically or mentally abuse the de facto complainant in any manner. It is submitted that from 2001 onwards, till now, there have been no complaints regarding the conduct of the petitioner.
5. Heard the learned 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 as his custodial may not be necessary for the purposes of investigation into Crime No.1019/2021.
7. In the result, this application is allowed. It is directed that the
B.A.No.679/2022 3 petitioner shall be released on anticipatory bail, in the event of arrest in Crime No. 1019/2021 of Thadiyittaparamba Police Station 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 jurisdictional Court;
(ii) Petitioner shall appear before the investigating officer in Crime No.
(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.1019/2021 of Thadiyittaparamba 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. 1019/2021 of Thadiyittaparamba Police Station may file an application before the jurisdictional Court for cancellation of bail.
sd/- GOPINATH P. JUDGE acd B.A.No.679/2022 4 APPENDIX OF BAIL APPL. 679/2022 PETITIONER ANNEXURES Annexure1 TRUE CITIZEN COPY OF FIR IN CRIME NO.1019/21 OF THADIYITTAPARAMBU POLICE STATION DATED Annexure2 TRUE COPY OF CERTIFICATE FOR PHYSICALLY HANDICAPPED PERSONS ISSUED FROM GENERAL HOSPITAL, ERNAKULAM DATED 17/7/1991 Annexure3 TRUE COPY OF ORDER DATED 20/1/2022 IN CRL.M.C.NO.92/2022 OF 1ST ADDITIONAL SESSIONS COURT, ERNAKULAM