Zibin Habeebulla vs Station House Officer Pathanapuram Police Station, Kollam

Gopinath P., J

This is an application for anticipatory bail.

The petitioner is the accused in Crime No.914/2021 of Pathanapuram Police Station registered alleging commission of offences under Sections 294(b), 341, 323, 506(i), 498(A), 354 and 354(D) of the Indian Penal Code.

The allegation against the petitioner as can be seen from the first information statement given by the de-facto complainant is that the petitioner and the de-facto complainant are husband and wife and that they have been living separately from the past 2 ½ years. It is alleged that, on 30.08.2021 while the de-facto complainant was travelling in a bus, the petitioner boarded the bus and tried to compel her to go along with him. When the de-facto complainant refused, it is alleged that the petitioner slapped on her cheek and again when she alighted from the bus and was proceeding to the Police Station to give a complaint against the petitioner, he came in a white scooter and hit on her back. It is also alleged that the petitioner committed the offences on account of the fact that the de-facto complainant had filed cases against him on account of matrimonial disputes. The learned counsel for the petitioner submits that the only non bailable offences alleged against the petitioner are those under Sections 498(A) and 354 of the Indian Penal Code. He says that even if the entire allegations in the first information statement are accepted to be true, the same does not constitute an offence either under Section 498(A) or under Section 354 of the Indian Penal Code.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and especially considering the contents of the F.I.S, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

In the result, this application is allowed and it is directed that the petitioner shall be released on bail in the event of arrest in connection with Crime No.914/2021 of Pathanapuram Police Station, Kollam District. The petitioner shall be released on bail subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Pathanapuram.

(ii) Petitioner shall appear before the investigating officer in Crime No.914/2021 of Pathanapuram Police Station as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the victim or the de-facto complainant or to interfere with the investigation or to influence or intimidate any witness in Crime No.914/2021 of Pathanapuram Police Station;

(iv)  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.914/2021 of Pathanapuram Police Station may file an application before this Court, for cancellation of bail.