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Judgment
Bechu Kurian Thomas, J
This is an application for anticipatory bail filed under section 438 of the Code of Criminal procedure, 1973.
Petitioner is the accused in Crime No.776/2020 of Chottanikkara Police Station, which was initially registered for the offences under sections 498A and 313 of the Indian Penal Code, 1860. On 14.03.2022, this Court had in W.P.(Crl.) No.522/2021 filed by the father of the defacto complainant, directed the CBI to take over the investigation of the aforesaid crime. The crime is renumbered by the CBI as R.C. No.34 of 2022 dated 24.03.2022. During the course of the investigation by CBI, offences under sections 326, 377 and 307 of the Indian Penal Code, 1860 have been incorporated.
The defacto complainant is the wife of the accused. Their marriage took place at the Guruvayoor Temple on 07.08.2018. Later, on 13.04.2019, defacto complainant joined her husband in Calgary, Canada. The defacto complainant alleges that her husband was addicted to drugs and used to physically manhandle her, sexually abuse her and even forcefully administer drugs to her apart from compelling her to abide by demands of money. In August 2019, the accused is alleged to have threatened the defacto complainant and taken her to a clinic and compelled her to terminate her pregnancy. Later, in November 2019, the accused took her to Mexico and attempted to murder her in a car accident. Later, on 14.05.2020, the accused had forced cleaning granules called ‘Drano’ into her mouth causing severe burn injuries to her internal organs and destroying her vocal cords.
It is pertinent to mention that according to the CBI, even though in the written complaint filed by the defacto complainant before the Chottanikkara Police Station, it was specifically mentioned that petitioner had forced cleaning granules into her mouth, the Police, while registering the F.I.R, failed to incorporate offences that were distinctly evident from the complaint. The CBI also submitted that it was in such circumstances that the additional offences were incorporated after they took over the investigation.
Sri.P.Vijayabhanu, learned Senior Counsel instructed by Adv.M.K.Sumod, on behalf of the petitioner submitted that proceedings have been initiated against the petitioner for reasons that are best known to the defacto complainant. The learned Senior Counsel after referring to Ann.A13 Psychiatry report and Ann.A1 and A3, pointed out that even going by the case of the defacto complainant, she had consumed the cleaning granules by herself and that as per the supplementary report of the Calgary Police Service, it was evident that petitioner and the victim used to smoke drugs which created psychosis in her and that she had consumed the cleaning granules by herself. The attention of this Court was invited to the WhatsApp messages allegedly sent by the defacto complainant from her phone, indicating that the couple were in a healthy and loving relationship.
Learned Senior Counsel also referred to Ann.A4 document stating that the defacto complainant had locked herself in the bathroom and consumed dry Drano cleaning granules and also that she was going through some mental health issues and was continuously saying that ‘She was God’ and “She wanted to meet God”. It was also pointed out that the defacto complainant was continuously consuming Marijuana which could have triggered suicidal behaviour in her. The learned Senior Counsel also referred to the audio file produced as Ann.A14 and submitted that the conversation of the petitioner with the Emergency Service indicates that petitioner was in a state of shock and even panicking while seeking help for his wife and communicating with them and that it was he who stood by the defacto complainant while she was in the hospital as a loving husband, all along. The learned Senior Counsel also submitted that immediately after the CBI intimated him about the requirement of his presence for investigation, he came down to India and is ready to co-operate with the investigation and is also willing to abide by any conditions that may be imposed. It was also argued that the entire circumstances will reveal that the allegations are without any basis and custodial interrogation is not at all required.
Sri. P.P.Biju, learned counsel appearing for the defacto complainant on the other hand contended that after the marriage, while the petitioner and the defacto complainant were residing in Canada, they initially led a happy life. However, subsequently, a change in petitioner's behaviour was noticed and he started picking up quarrels with the defacto complainant for silly reasons. Soon it was realised that the husband was a drug addict and he even compelled the defacto complainant also to join him. According to the learned counsel, on 14.05.2020, petitioner brutally attacked the defacto complainant and forcefully opened her mouth and poured Drano crystal granules, used for cleansing the drains. The administration of Drano crystals resulted in severe internal burn injuries, and her vocal cord and other internal organs were completely damaged. The defacto complainant was unable to swallow nor was she able to utter a word, since her mouth was completely affected by the burns and the lower lip fused to her gums. The flow of saliva had to be controlled with a sucking machine as the defacto complainant was not able to even spit, nor intake the food and her entire mouth was closed making it difficult to breathe. The defacto complainant had to breathe through a tracheotomy tube and several colonic transposition surgeries had to be carried out, and a new food pipe had to be reconstructed.
After several months of hospitalisation, defacto complainant returned to India on 12.12.2020 and was immediately taken to Aster Medcity Hospital and later was admitted to the Lakeshore Hospital at Ernakulam. She has already undergone five major surgeries and more surgeries are awaited. It was further submitted that due to her inability to speak, the defacto complainant had written down her complaint and handed it over to the Chottanikkara Police on the basis of which the crime was immediately registered as Crime No.776/2020. However, surprisingly on receipt of copy of the statement recorded under section 161 Cr.P.C, it was realised that for some reason, the statement contained wrong recording, especially relating to administration of Drano crystal granules. On realising the incorrect recording of 161 statement, petitioner filed a complaint as Ann.R4(d) to the Rural SP, Ernakulam. It was pointed out that petitioner was a drug addict, who forced the defacto complainant to consume drugs and even forcefully poured liquor into her mouth.
According to the counsel for the defacto complainant, the information recorded in Canada was on the basis of information supplied by the petitioner himself, as the defacto complainant had lost her ability to speak and even the medical records were manipulated by the petitioner to suit his version. The tongues, lips and cheeks of the defacto complainant were fused due to the injuries and hence she was unable even to file a complaint before the Canadian police. The learned counsel also pointed out that M.C. No.28/2021 has been filed for maintenance while O.P. No.329/2021 was also filed claiming the return of money and gold ornaments, and the said cases are pending before the Family Court, Ernakulam. The learned counsel pointed out that the petitioner is financially and politically highly influential, and therefore if anticipatory bail is granted, the truth will not be unravelled.
Sri.Suvin R.Menon, the learned counsel for the CBI submitted that after the CBI took over the case, they realised that the crime registered by the Chottanikkara Police Station had, for some reason failed to incorporate the offences under sections 307 and 326 and therefore CBI has incorporated those sections. It was also pointed out that, the investigation revealed that, curiously, petitioner had, after registration of the crime, managed to obtain Canadian citizenship, obviously to avoid the process of law in India, which fact had been suppressed all along. The learned counsel submitted that within a period of less than a month since the registration of the crime, the investigating officer at the Chottanikkara Police Station had concluded that the complaint is false. It was also pointed out that when the petitioner's complaint specifically mentioned that the Drano crystals were forcefully inserted into her mouth by the petitioner, the section 161 statement which was allegedly taken down by the police mentions a contradictory statement. It was also pointed out that the truth of the allegations can be ascertained only through custodial interrogation as the defacto complainant has a specific case that all the records were manipulated and created at the instance of the petitioner himself. The learned counsel also submitted that petitioner and his other relatives are not co-operating with the investigation.
I have considered the rival contentions and also perused the records produced. I have also listened intently in open Court to Ann.A14 audio file produced by the petitioner, which is allegedly a conversation between the petitioner and the Emergency Services in Canada.
The defacto complainant had, in the written complaint, as is evident from the FI statement, specifically mentioned that the Drano crystals (a cleansing compound allegedly having acidic properties), were forcefully inserted into her mouth by the petitioner. Curiously when section 161 statement was recorded, a variation is seen to have been made. The 161 statement mentions that defacto complainant had consumed it and she is not certain as to whether it was forced into her mouth or not. Yet another curious aspect is with respect to the report filed in this court, a copy of which was handed over across the Bar by the counsel for the CBI wherein the investigating officer of the Chottanikkara Police Station observes that the complaint of the defacto complainant is false. Such a conclusion was arrived at in haste, that too, within around 21 days of filing the complaint. All these raises doubt about the manner in which the investigation was conducted initially. However, this Court directed the CBI to take over the investigation after considering various aspects of the case.
Be that as it may, the WhatsApp chats produced by the petitioner as Ann.A8, were totally denied by the defacto compliant, who alleges that those chats were created by the petitioner himself and the said phone was always kept with the petitioner and that he sent those messages to himself to create false records. Since the WhatsApp messages are stoutly denied by the petitioner, those cannot be relied upon at this juncture. It is the further case of the defacto complainant that all the medical records were manipulated at the behest of the petitioner, and that the defacto complainant was not in a position even to speak. Through Ann.A12, the petitioner asserts that the phone used for the WhatsApp chats belonged to the defacto complainant, it can be noticed from the bill dated 21.11..2020 that there have been long conversations of varying duration in October and November 2020. When the defacto complainant was allegedly not in a position to speak, it is doubtful whether she herself was the person using the phone at that time.
In this context, it is relevant to mention that in Ann.A4, which is stated to be a report from the Calgary Police Service, the following is seen recorded:
“My partner Cst. Chaffin #5567 spoke to the complainant, he stated the offender smoked a lot of marijuana then attempted to jump off the 20th floor balcony. When she was stopped, she locked herself in the bathroom where she consumed dry Drano. On arrival, the offender could be heard speaking saying she was God and wanted to see God.”
It is further seen recorded as follows;
“Male called CPS as S was attempting to jump off the 20th floor balcony. He had stopped her and she went inside and locked herself in the Bathroom. I arrived as ems. She had ate powder drano. I spoke with the male and he explained how she was going through some mental health issues saying she was God and wanted to meet God. She was also using Marijuana heavily and this may trigger the suicidal behaviour. I left the complainant and footals and called the male telling him that she would be there “.
When the aforesaid statements are considered in the light of the audio recording produced before this Court as Ann. A14, I find few inconsistencies. After consuming dry Drano crystals, which are stated to have acidic properties, the statement that she was heard as uttering that she was God and that she wanted to see God, creates some doubt as to the veracity of those statements. Further, the audio recording indicating communication between the petitioner and the Emergency Service also does not inspire confidence.
Since all the records are in Canada and some in the possession of the petitioner and also since the mobile phone allegedly used by the defacto complainant is also in the possession of the petitioner, I am of the view that custodial interrogation is necessary. I am fortified in the above conclusion since the truth of the matter could be brought out only by custodial interrogation and therefore avoiding such an interrogation would cause prejudice to the investigation. The hands of the investigating officer cannot be tied down at this juncture especially when the allegations are serious, and the offences under sections 307 and 326 IPC are alleged.
Having regard to the above discussion, I am of the opinion that the petitioner cannot be protected with an order of pre-arrest bail.
Hence this bail application is dismissed.