Kerala High Court
Jayan vs State Of Kerala on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
BAIL APPL. NO. 7138 OF 2021
CRIME NO.2142/2021 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMC 1879/2021 OF II ADDITIONAL SESSIONS
COURT,ERNAKULAM
PETITIONER/ACCUSED:
JAYAN,
AGED 41 YEARS
S/O. KRISHNANKUTTY, EDATHALASSERY HOUSE, CHERUVATTOOR KARA,
POOVATHOOR BHAGAM, ERAMALLOOR VILLAGE, KOTHAMANGALAM, ERNAKULAM
DISTRICT.
BY ADV P.M.ARUN DAS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA,
ERNAKULAM 682 031.
OTHER PRESENT:
PP SEETHA.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.7138 OF 2021
2
ORDER
Petitioner is the accused in crime No.2142/2021 of
Kothamangalam Police Station, Ernakulam which is registered
for the offences punishable u/s.308 & 498-A.
2. It is alleged that the petitioner married the defacto
complainant on 30.04.2006 as per the religious rites and
ceremonies, while so, living together, in May 2021, he
manhandled the defacto complainant alleging that she is
financially not sound and on 21.08.2021 at about 1.00 p.m
accused hit her with a torch and caused grievous injury on her
forehead and if it was not evaded by her, touching on her head,
death would have occurred, thereby accused committed the
offences aforementioned.
3. According to the learned counsel for the petitioner, the
petitioner had been arrested on 23.08.2021 and thereafter he
has been under confinement.
4. The Inspector of Police, Kothamangalam Police Station,
filed Report along with copy of FIR and FIS. The case is said to
be under investigation. There is possibility of influencing the
B.A.No.7138 OF 2021
witnesses and threatening them and destroying the evidence.
Hence he prayed for dismissal of the petition.
5. Petitioner is the husband of the defacto complainant.
He has been under confinement from 23.08.2021 onwards. The
recovery is already over. So taking into account the gravity of
offence and period of confinement already undergone by him,
continued confinement of the petitioner in this case is not seems
necessary.
6. Considering the period of detention undergone by the
petitioner, I find it just and proper to grant bail to the petitioner
on the following conditions:
(i) The petitioner shall execute bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties for the like sum each to the
satisfaction of the jurisdictional court.
(ii) He shall report before the investigating officer on
every Monday and Friday between 9.00 a.m and
11.00 a.m for three months or until the Final
Report is filed, whichever is earlier.
(iii) He shall not cause any harm whatsoever either
B.A.No.7138 OF 2021
physically or mentally upon the defacto
complainant.
(iv) He shall surrender his passport before the trial
court within ten days from the date of his release
on bail and in case he does not have any passport,
he shall file an affidavit to that effect.
(v) He shall not try to contact or influence the
witnesses or tamper with the evidence;
(vi) He shall not involve in any crime during the
period on bail.
In case of violation of any of the above conditions, the
jurisdictional court will be at liberty to cancel the bail in
accordance with the law.
This bail application is allowed as above.
Sd/-
M.R.ANITHA
shg JUDGE
