Nizamudeen And Ors vs State Of Kerala

Application for pre-arrest bail.

Petitioners are the accused Nos. 1 to 3 in Crime No.2833 of 2020 of Karunagapally Police Station in Kollam District registered for the offences punishable under Sections 294(b) and 354 r/w Section 34 of the Indian Penal Code.

The prosecution case is as follows :-

The first petitioner is the son-in-law of the defacto complainant, the second petitioner is the sister of the first petitioner and the third petitioner is the husband of the second petitioner. On 15.11.2020 at about 1.30 pm the defacto complainant went to the house of the first petitioner along with her daughter, who is the wife of the first petitioner, knowing that he hasd married another lady and residing with his new wife. Then the first petitioner abused the defacto complainant as well his wife in filthy language and the first petitioner along with the other accused have attempted to disrobe the defacto complainant and thereby they have committed the aforesaid offences.

Heard both sides.

The learned counsel for the petitioners would submit that they are totally innocent of the allegations levelled against them. In fact, the defacto complainant came to the residence of the second petitioner while the first accused was at her house, undergoing quarantine. But they have not committed any offences as alleged by the defacto complainant and the allegations levelled against them are absolutely false and baseless. In fact, the daughter of the defacto complainant, who is on inimical terms with the first petitioner has falsely implicated these petitioners in the alleged crime. But they apprehend unnecessary and undeserved arrest and hence this application.

The learned Public Prosecutor opposed the application and submitted that the first petitioner, who is the husband of the daughter of the defacto complainant had married another lady and was residing with her. When the daughter of the defacto complainant came to know about the same, she came to his residence along with her mother and at that time, they were attacked by these petitioners. But it is fairly conceded by the learned Public Prosecutor that the prosecution has no serious objection in granting pre-arrest bail to the petitioners 2 and 3. But the application submitted by the first petitioner for pre-arrest bail is vehemently opposed by the learned Public Prosecutor.

On going through the records available before me, it could be seen that the place of occurrence is the residential house of the second petitioner, who is the sister of the first petitioner. No specific over tact has been alleged against the second petitioner as well the third petitioner. But serious allegations are there against the first petitioner, who is none other than the son-in-law of the defacto complainant.

Having regard to the nature of the accusation levelled against these petitioners and the fact and circumstances involved in this case, I do not think that this is a fit case in which pre-arrest bail can be granted to the first petitioner. But the application submitted by the petitioners 2 and 3 is considered favourably and pre-arrest bail is granted to them subject to the following conditions :-

(i) The petitioners 2 and 3 shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of their arrest.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) They shall co-operate with the investigation and trial of the case.

(iv) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Application with respect to the first petitioner stands dismissed.