Kerala High Court

Arun Kumar vs State Of Kerala on 26 October, 2023

Author:
P Gopinath

Bench:
P Gopinath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945

BAIL APPL. NO. 9155 OF 2023
KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA
CRIME NO.671 OF 2023

PETITIONER:

ARUN KUMAR, AGED 32 YEARS S/O UNNIKRISHNAN NAIR,
PULICKAL MEPPURATHU, ANAMATTOM, NOORONMAVU P.O.
ANIKKADU VILLAGE, PATHANAMTHITTA, PINCODE -, PIN -
BY ADV M.R.SASITH

RESPONDENT:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031

SRI. G. SUDHEER (PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.9155 OF 2023
ORDER

This is an application for anticipatory bail.

2. Petitioner are the accused in Crime No.671/2023

of Keezhvaipur Police Station, Pathanamthitta alleging

commission of offence under
Section 323
,
,
294(b)
,
and
498A
of the Indian Penal Code.

3. The petitioner got married to the de facto

complainant on 15.01.2021. Allegation against the

petitioner is that after the marriage, he subjected the

de facto complainant with physical and mental cruelty, by

stating that she was not good looking, alleging that she

was an aged person and by assaulting her.

4. Learned counsel appearing for the petitioner

would submit that the petitioner is absolutely innocent in

the matter and the allegations have been raised only to

settle the other matrimonial disputes between the

petitioner and the de facto complainant. It is submitted
BAIL APPL. NO.9155 OF 2023
that even if the above allegations are accepted as true,

the offence under
Section 498A
IPC is not made out.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of

the case and taking into account the nature of the

allegations against the petitioner and also taking note of

the fact that custodial interrogation of the petitioner is not

necessary for the purpose of any investigation, I am of the

opinion that anticipatory bail can be granted to the

petitioner subject to strict conditions.

In the result, this bail application is allowed. It is

directed that the petitioner shall be released on bail, in

the event of arrest in crime No.671/2023 of Keezhvaipur

police Station subject to the following conditions:-

(i) Petitioner shall execute separate bonds for sums

of Rs.50,000/- (Rupees fifty thousand only) with two

solvent sureties each for the like-sum to the satisfaction of

the jurisdictional Court;

BAIL APPL. NO.9155 OF 2023
(ii) Petitioner shall appear before the investigating

officer in Crime No.671/2023 of Keezhvaipur Police station

as and when summoned to do so;

(iii) The 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.671/2023

of Keezhvaipur police station;

(iv) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.671/2023 of Keezhvaipur

police station may file an application before the

jurisdictional Court, for cancellation of bail.

Sd/-

GOPINATH P.
JUDGE
SSK/27/10
BAIL APPL. NO.9155 OF 2023
APPENDIX OF BAIL APPL. 9155/2023

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF FIR IN CRIME NO. 671/2023 OF
KEEZHVAIPUR POLICE STATION DATED 06.10.2023