IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
BAIL APPL. NO. 4546 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 868/2022 OF DISTRICT COURT &
SESSIONS COURT,KOZHIKODE
[CRIME NO.315/2022 OF PANTHEERANKAVU POLICE STATION, KOZHIKODE
DISTRICT]
PETITIONERS/ACCUSED:
1 SASIDHARAN C.P., AGED 54 YEARS
S/O GOPALAN, CHERATTU PARAMBATH HOUSE,
MANAKKADAVU, PANTHEERANKAVU P.O.,
KOZHIKODE, PIN - 673019
2 UNNI, AGED 51 YEARS
S/O VELAYUDHAN (LATE), EDAKKAIKOTTU (H)
PANTHEERANKAVU P.O., KOZHIKODE, PIN - 673 019.
3 ASOKAN K.V., AGED 49 YEARS
S/O VELAYUDHAN ( LATE),
KOLATTU VEETTIL HOUSE,
PANTHEERANKAVU P.O.,
KOZHIKODE, PIN - 673019
BY ADVS.
SUNNY MATHEW
NIKITTA TRESSY GEORGE
RESPONDENTS/COMPLAINANTS & STATE :
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
COCHIN, PIN - 682031
2 THE STATION HOUSE OFFICER
PANTHEERANKAVU POLICE STATION,
KOZHIKODE DISTRICT, PIN - 673019
PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. 4546/2022
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No.4546 of 2022
.....................................
Dated this the 23 rd day of June, 2022
ORDER
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are accused Nos.1 to 3 in Crime No.315 of 2022 of Pantheerankavu Police Station registered for the offences punishable under Section 323 r/w Section 34 of the Indian Penal Code 1860 and also under Section 31 of the Protection of Women from Domestic Violence Act, 2005 [for short, the DV Act].
3. The prosecution case is that, on 22.05.2022 when the de facto complainant along with her mother went to their residential house, the accused trespassed into the house and commanded the de facto complainant and her mother to leave the place and thereafter the 1st accused beat the de facto complainant on her face while accused Nos.2 and 3 kicked her in violation of an order of protection issued under the DV Act, thereby committing the offence alleged against them.
4. Sri.Sunny Mathew, the learned counsel for the petitioner submitted BAIL APPL. 4546/2022 3 that the entire prosecution case is false and petitioners are totally innocent. He further submitted that the protection order under the DV Act has not been violated.
5. Sri.Noushad K.A., the learned Public Prosecutor, vehemently opposed the grant of pre-arrest bail and submitted that the offences committed by the petitioners are grave in nature.
6. On a consideration of the circumstances arising in the case and on an appreciation of the arguments of either counsel, though I am of the view that the allegations are serious in nature, custodial interrogation of the petitioners is not required. In view of the above, the petitioners are entitled to be released on pre-arrest bail.
7. Accordingly, this application is allowed on the following conditions:
(i) In the event of the petitioners being arrested in connection with Crime No. 315 of 2022 of Pantheerankavu Police Station, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum, before the Investigating Officer.
(ii) Petitioners shall appear before the Investigating Officer BAIL APPL. 4546/2022 4 as and when required.
(iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the de facto complainant or her family members;
(iv) Petitioners shall not commit any offence while they are on bail.
(v) Petitioners shall not leave India without the permission of the Court having jurisdiction.
8. In case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/23/06//2022