Kerala High Court
Siju Raj vs State Of Kerala on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
BAIL APPL. NO. 2081 OF 2022
[AGAINST THE ORDER/JUDGMENT IN CRMC 3150/2021 OF ADDITIONAL
DISTRICT COURT (ADHOC)-II, TRIVANDRUM]
[IN CRIME NO.2590/2021 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM]
PETITIONER/ACCUSED:
SIJU RAJ
AGED 38 YEARS
S/O NADARAJAN, MEENA BHAVAN(U K VILLA), MUDAKKAL PO,
CHEMBOOR,VTL,ELAMBA, MUDAKKAL VILLAGE,
THIRUVANANTHAPURAM, PIN - 695103
BY ADVS.
M.SHAJNA
K.M.FIROZ
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682018
2 STATION HOUSE OFFICER,
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT-
695101, PIN - 695101
3 LINI SIJU
AGED 30 YEARS
W/O SIJU RAJ,
PRESENTLY RESIDING AT
VALIYA VEEDU, BEHIND THE KILITHATTUMUKKU NSS KARAYOGA
MANDIRAM, VARKALA VILLAGE, NEAR KILITHATTUMUKKU,
THIRUVANANTHAPURAM, KERALA- 695141
BY ADVS.
George Mathew
V.S.VINEETH KUMAR(K/114/1993)
SUNIL KUMAR A.G(K/000741/2003)
STEPHY K REGI(K/001025/2020)
PRAVEEN S.(K/001398/1998)
MATHEW K.T.(K/001047/2018)
BAIL APPL. NO. 2081 OF 2022
2
OTHER PRESENT:
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2081 OF 2022
3
BECHU KURIAN THOMAS, J.
===========================
B.A.No. 2081 of 2022
============================
Dated this the 24th day of June, 2022
ORDER
This is an application seeking pre-arrest bail filed under
Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner seeks pre-arrest bail in Crime
No.2590/2021, of the Attingal Police Station,
Thiruvananthapuram District, alleging offences under Sections
498A and 323 r/w Section 341 of the Indian Penal Code, 1860.
3. The prosecution case is that the petitioner, who is
the husband of the de-facto complainant committed cruelty on
the de-facto complainant by harrasing her mentally and
physically, thus causing injuries, contusions, tenderness, etc. on
several parts of her body and thereby, committed the offence
alleged
4. The learned counsel appearing for the petitioner
BAIL APPL. NO. 2081 OF 2022
would submit that the petitioner is absolutely innocent in the
matter and that he is falsely implicated in the crime for
justifying a matrimonial dispute.
5. I have 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 opinion that the petitioner can be
granted anticipatory bail subject to conditions.
7. In the result, this application is allowed. It is
directed that the petitioner shall be released on anticipatory
bail, in the event of arrest in Crime No.2590/2021 of Attingal
Police Station, Thiruvananthapuram, subject to the following
conditions:
i) Petitioner shall execute a separate 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.2590/2021 of Attingal Police
Station as and when required.
BAIL APPL. NO. 2081 OF 2022
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.2590/2021 of Attingal Police
Station.
iv) Petitioner shall not involve in any other crime
while on bail.
8. If any of the aforesaid conditions are violated, the
Investigating Officer in Crime No.2590/2021 of Attingal Police
Station may file an application before the jurisdictional Court for
cancellation of bail.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
