Thejus C.P @ Thejaswi vs State Of Kerala
2021 Latest Caselaw 17289 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
                      BAIL APPL. NO. 6019 OF 2021
       CRIME NO.1138/2021 OF Ollur Police Station, Thrissur
 AGAINST THE ORDER/JUDGMENT IN CRMC 935/2021 OF DISTRICT COURT &
                        SESSIONS COURT, THRISSUR
PETITIONER/1ST ACCUSED:

            THEJUS C.P @ THEJASWI
            AGED 30 YEARS
            W/O. SANAD, MADAMBIKATTIL HOUSE,
            ANCHERI JASMINE ROAD DESOM,
            OLLUR, THRISSUR.
            BY ADVS.
            SRI. M.R. VENUGOPAL
            SMT. DHANYA P. ASHOKAN
            SMT. M.PRATHIBHA


RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA - 682 031.

            SRI. SUDHEER, G.P
     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appl.No.6019 OF 2021

                                      2




                                  ORDER

This is an application for anticipatory bail filed under

Section 438 of Cr.P.C.

2. The petitioner is the 1st accused in Crime

No.1138 of 2021 of Ollur Police Station, Thrissur District.

The offences alleged against the petitioner and the 2 nd

accused, who is the husband of the petitioner are under

Sections 341, 323, 324, 326, 294 (b), 506(ii), 308 and 34

IPC.

3. The allegation against the petitioner and the

other accused is that, she attacked the de-facto

complainant, who is the mother-in-law with a wooden

stump on her face and thereby caused fracture on the

nose of the de-facto complainant. In connection with the

incident the 2nd accused, who is the husband of the

petitioner, was already arrested on 21.06.2021. Today this

Court granted bail as per order in B.A.No.6023 of 2021. Bail Appl.No.6019 OF 2021

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

5. The learned counsel for the petitioner submits

that, the petitioner is innocent of all the allegation.

According to her, she was being subjected to domestic

violence right from the inception of marriage by the de

facto complainant and her husband and there are disputes

between the parties. The de-facto complainant and her

husband had also approached the statutory authorities

seeking maintenance against the husband of the

petitioner. Consequent to the disputes between the

parties, the petitioner along with her husband had left the

house of the de-facto complainant two months prior to the

incident and on the date of occurrence when she along

with her husband came to the residence of the de-facto

complainant for collecting their belongings, she was

assaulted by the de-facto complainant. According to the

learned counsel for the petitioner, the incident which is a Bail Appl.No.6019 OF 2021

subject matter of this complaint has occurred during the

course of the same. She submits that she is innocent of all

the allegations and she has a child aged 2 ½ years to look

after and in such circumstances, she seeks anticipatory

bail as the detention of the petitioner, if any, would cause

serious prejudice to her.

6. Per contra, the learned Public Prosecutor

seriously opposes the said application. According to the

learned Public Prosecutor, it is the petitioner herein who

inflicted injuries on her mother-in-law and under no

circumstances anticipatory bail can be granted to her.

7. It is evident from the records that, basically this

is a dispute between the members of the family. The

petitioner is a lady having a child aged 2 ½ years. The

petitioner's husband is already arrested and was in custody

for about two months and he was ordered to be released

just now. It is discernible from the records that, the

investigation has proceeded to a great extent and no Bail Appl.No.6019 OF 2021

material objects are to be recovered. In such

circumstances, the interest of the justice would be met, if

the appearance of the petitioner is ensured before the

investigating officer for further investigation.

In the above circumstances, this petition is allowed

subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

(iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

Bail Appl.No.6019 OF 2021

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.

(viii) The petitioner shall not make any attempt to contact through any means the defacto complainant or his parents and he shall not enter into the residential building where his parents are residing.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

SPR