Kerala High Court
Ragesh K.R vs State Of Kerala on 17 June, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY,THE 17TH DAY OF JUNE 2016/27TH JYAISHTA, 1938
Bail Appl..No. 4356 of 2016 ()
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CRIME NO. 582/2016 OF PUTHUKKAD POLICE STATION, THRISSUR DISTRICT
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PETITIONERS/ACCUSED NOS. 1 & 2 :
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1. RAGESH K.R.,
AGED 27 YEARS, S/O. RAGHAVAN,
KIZHAKKINIYATH HOUSE, PARAYAN KADAVU,
KALOOR, THRISSUR DISTRICT.
2. MUKUNDAN K.V.,
AGED 50 YEARS, S/O. VELAPPANKUTTY,
KIZHAKKINIYATH HOUSE, KALOOR,
THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENT :
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. MAYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17-06-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Mn
P.UBAID, J.
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B.A.No.4356 of 2016
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Dated this the 17th day of June, 2016
ORDER
The petitioners herein seek pre arrest bail on the apprehension of arrest in Crime No.582 of 2016 of the Puthukkad Police Station, registered under Section 498A IPC. The defacto complainant is the legally wedded wife of the first petitioner herein. The second petitioner is the uncle of the first petitioner. The present complaint emerged when the lady made an attempt to commit suicide on 20.03.2016. The complaint shows that she made such an attempt, when she received a notice for divorce from her husband. For a prosecution under Section 498A IPC, there must be a situation of mental or physical harassment of the wife by her husband or the relatives by a course of cruel conduct. It is doubtful whether such elements are there in this case. It appears that there is some dispute in matrimony. When the husband alleges that the wife has some mental problem, she denies it. This dispute led to a notice for divorce, and B.A.No.4356 of 2016 2 the said notice prompted the wife to make an attempt to commit suicide. Anyway, I feel that custodial interrogation of the petitioners is not necessary in this case. Even without such interrogation, the required materials for a prosecution, in the nature of the allegations made by the complainant, can be collected by the police. The genuineness of the allegations of cruelty is a matter for decision on trial. Let the factual aspects including the allegations and the counter allegations in matrimony be probed into at the time of trial. I feel that pre arrest bail cannot be denied to the petitioners in the even situation. It would suffice that the petitioners are directed to report before the police for interrogation, if and when required.
In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for Rs.30,000/- (Rupees Thirty Thousand only) each to the satisfaction of the arresting officer, or the learned Magistrate having jurisdiction, in case of their arrest in connection with Crime No.582 of 2016 of the Puthukkad Police Station. Bail is B.A.No.4356 of 2016 3 granted on condition that;
a) The petitioners shall report before the investigating officer for necessary interrogation, if felt necessary, between 10 am and 11 am on all Thursdays for a period of two months.
b) The petitioners shall not leave the limits of Puthukkad Police Station for a period of two months.
c) The petitioners shall not have any contact with the defacto complainant directly or over telephone or otherwise, except for the purpose of any settlement of the dispute, in case anybody intervened for such a course.
Sd/-
P. UBAID, JUDGE rkj //TRUE COPY// P.A. TO JUDGE