IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
BAIL APPL. NO. 9744 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 2579/2021 OF I
ADDITIONAL DISTRICT COURT, ERNAKULAM
PETITIONER/1ST ACCUSED:
NAHAS N.N
AGED 35 YEARS
S/O. N.K NAZAR, NILKARTHIL HOUSE, 20/722 B,
THACHAPPALLY WEST, KACHERIPADY, PALLURUTHY,
ERNAKULAM DISTRICT, PIN 682 006
BY ADVS.
ARUN ASHOK
NEENA JAMES
P.P.SANJU
RESPONDENTS/COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA AT ERNAKULAM PIN 682 031
2 STATION HOUSE OFFICER
AMMBALAMEDU POLICE STATION, ERNAKULAM DISTRICT
PIN 682 303
SMT SREEJA V - SR P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln.NO.9744 OF 2021
2
A.BADHARUDEEN, J
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B.A.No.9744 of 2021
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Dated this the 10th day of May, 2022
ORDER
The 1st accused who is the husband of the defacto complainant in Crime No. 960 of 2021 of the Ambalamedu Police Station seeks pre-arrest bail in this application filed under Section 438 of Cr.PC.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
3. The prosecution allegation is that the 1st accused who married the defacto complainant on 25.01.2005, right from the early days of marriage, started physically and mentally torturing the defacto complainant by demanding more dowry. The defacto complainant was often beaten, kicked and thrashed by smashing her head to the wall on getting hold of her hair. The petitioner also tortured the defacto complainant physically and mentally. Thus the accused in this case alleged to have committed Bail Appln.NO.9744 OF 2021 3 the offences punishable under Sections 498A, 323 and 324 of the IPC.
4. Even though the petitioner canvassed anticipatory bail from the Sessions Judge, the Sessions Judge denied the same. However it is argued by the learned Counsel for the petitioner that petitioner filed OP before the Family Court on 11.11.2021 seeking decree of restoration of conjugal rights. It was thereafter on 18.11.2021, this complaint was filed with unwanted allegations. Therefore, the learned Counsel canvassed anticipatory bail with the offer to co-operate with the investigation.
5. Case diary is produced by the learned Public Prosecutor. She opposed bail highlighting the seriousness of the offence. On perusal of the prosecution records, though there are general allegations of cruelty, nothing is available in the case diary to warrant arrest and custodial interrogation of the petitioner in any manner. Therefore investigation in this case can be had even without arrest and custodial interrogation. In view of this, I am inclined to grant anticipatory bail to the petitioner on conditions.
In the result, this petition is allowed on the following conditions:-
Bail Appln.NO.9744 OF 2021 4 i. The petitioner shall surrender before the Investigating Officer on or before 20.05.2022 between 9 a.m and 11 a.m. on such surrender, the Investigating Officer can interrogate the petitioner and in the event of his arrest, the petitioner shall be produced before the jurisdictional court on the day of arrest itself. On such production, the jurisdictional Magistrate shall release the petitioners on bail, on executing bonds for Rs.50,000/-(Rupees Fifty thousand) each with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate. In case the petitioner fails to surrender before the Investigating Officer, the Investigating Officer is at liberty to arrest the petitioner forthwith.
ii. The petitioner shall co-operate with Covid-19 restrictions.
iii. The petitioner shall co-operate with the Bail Appln.NO.9744 OF 2021 5 investigation and shall appear before the Investigating Officer as and when directed, till the final report is filed.
iv. The petitioner, shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner is specifically directed not to involve in any crimes during the currency of bail and any such involvement or violation of the above conditions, if reported or came to the notice of the court will be a reason to cancel the bail hereby granted.
Sd/-
A. BADHARUDEEN JUDGE Nsd