Biju R vs State Of Kerala

Petitioner is the first accused in Crime No.222 of 2021 of Pathanapuram police station. The crime was registered on the basis of the First

Information Statement given by the wife of the petitioner. They were married on 18.4.2017 and lived as husband and wife till 27.3.2020. Now they

have parted company and it is submitted that an application for dissolution of marriage has been moved by the petitioner before the Family Court,

Nedumangad which is pending. Now he has moved for pre-arrest bail.

The allegation against the petitioner is that he had committed matrimonial cruelty against his wife. It was also submitted that there are allegations

against the father and brother of the petitioner alleging offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Any

how considering the fact that they are still husband and wife, and in the nature of the allegations against the petitioner, it does not seem that his

custodial interrogation is warranted. Any step taken to arrest and detain the petitioner may foreclose chances of a future reunion between the parties.

On these considerations and in the interest of justice, bail shall be granted to the petitioner, in the event of arrest.

The bail application is allowed subject to the following conditions:-

i) The petitioner shall appear before the Investigating Officer within ten days from today and will make himself available for interrogation;

ii) In the event of arrest, the petitioner shall be released on bail, on the very day, on his executing a bond for Rs. 50,000/-(Rupees Fifty Thousand

Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) He shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) He shall not involve himself in any crime during the period on bail;

v) He shall appear before the Investigating Officer/Court as and when required;

vi) He shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake

of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.