Vishnu Raj v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 1[ST] DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 ``` ## **`BAIL APPL. NO. 5442 OF 2024`** ``` CRIME NO.634/2024 OF ARANMULA POLICE STATION, ``` ## **`PATHANAMTHITTA`** ## **`PETITIONER/ACCUSED:`** ``` VISHNU RAJ AGED 28 YEARS VISHNU RAJ, AGED 28 YEARS, S/O RAJAN, PARAMBATH HOUSE, MANIYOOR P.O, KOZHIKODE, PIN - 673523 ``` ``` BY ADVS. P.JERIL BABU SRINATH GIRISH ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV SMT. SEETHA S. – SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` ## **O R D E R** ## **Dated this the 1[st] day of August, 2024** The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail. 2. The petitioner is the sole accused in Crime No.634/2024 of the Aranmula Police Station, Pathanamthitta, which is registered against him for allegedly committing the offence punishable under Section 498A of the Indian Penal Code. 3. The gist of the prosecution case is that: the accused was married to the defacto complainant on 02.05.2024. During the period of their cohabitation, between 02.05.2024 and 18.05.2024, the accused mentally and physically harassed the defacto complainant questioning her chastity. He also misappropriated her gold ornaments and Rs.1,50,000/- ``` 3 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` (Rupees one lakh fifty thousand only). Thus, the accused has committed the above offences. 4. Heard; Sri. P. Jeril Babu, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor. 5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. Immediately after the marriage, the petitioner learnt that his consent for the marriage was obtained by fraud. Consequently, he has filed O. P. No.369/2024 before the Family Court, Vadakara to declare his marriage with the defacto complainant null and void. As an aftermath to the said litigation, the defacto complainant has filed the present crime. Even though the petitioner had filed a similar application before the jurisdictional court, the same was dismissed on the ground that the Police Station falls beyond its ``` 4 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` territorial jurisdiction. The petitioner’s custodial interrogation is not necessary and no recovery is to be effectd. Hence, the application may be allowed. 6. The learned Public Prosecutor opposed the application. She submitted that the petitioner was married to the defacto complainant only on 02.05.2024. Immediately after their marriage, the petitioner had physically and mentally harassed the defacto complainant. The investigation is in progress. If the petitioner is granted an order of pre-arrest bail, it would certainly torpedo the entire investigation. Hence, the application may be dismissed. 7. The prosecution allegation against the petitioner is that, he got married to the defacto complainant on 02.05.2024. During the period of cohabitation, the petitioner mentally and physically harassed the defacto complainant and misappropriated her patrimony. ``` 5 ``` ## **`BAIL APPL. NO.5442 OF 2024`** Indisputably, the petitioner has already filed O. P. No.369/2024 before the Family Court, Vadakara, to declare his marriage with the defacto complainant null and void. The said matter is pending consideration. Subsequent to the filing of the said litigation, the present crime has been registered. 8. In **Bhadres Bipinbhai Sheth v. State of Gujarat and another** [2015 KHC 4579] the Hon'ble Supreme Court has succinctly culled out the principles to grant orders of pre-arrest bail. It is laid down that Courts should be careful and meticulous in evaluating the facts of each case, especially in family disputes, before granting an order of pre-arrest bail. The court should consider whether arresting of an accused would lead to ignominy, humiliation and disgrace to the accused and their family and also if there is any frivolity in the complaint registered against the accused. ``` 6 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` 9. On an overall consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially on considering the fact that the marital relationship between the petitioner and the defacto complainant is strained and the petitioner has already instituted matrimonial proceedings before the jurisdictional court, and subsequent to the filing of the said litigation, the present crime has been registered, I am prima facie satisfied that there is some frivolity in the present crime. However, that it is a matter to be investigated and ultimately decided at the time of the trial. Nonetheless, I am convinced that the petitioner has made out valid grounds to invoke the extra ordinary jurisdiction of this Court under Section 438 of the Code. Hence, I hold that the petitioner is entitled to an order of pre-arrest bail, but subject to the condition that the petitioner co-operates with the Investigating Officer. ``` 7 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` ## **`In the result, the application is allowed subject to the following conditions:`** - i. The petitioner is directed to surrender before the Investigating Officer within 10 days from today; - ii. In the event of the petitioner's arrest, the Investigating Officer shall release the petitioner on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount each; - iii. The petitioner shall appear before the Investigating Officer for interrogation, as and when directed by the Investigating Officer; - iv. The petitioner shall not directly or indirectly make any inducement or threat to the victim or her witnesses or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the ``` 8 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` court or to any Police Officer or tamper with the evidence in any manner, whatsoever; - v. The petitioner shall surrender his passport before the jurisdictional court concerned within - a period of one week from the date of his release on bail. If he has no passport, he shall file an affidavit to the effect before the said court within the said period; - vi. The petitioner shall not get involved in any other offence while on bail; - vii. In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law; - viii. Applications for deletion/modification of - the bail conditions shall also be filed before the court below; ``` 9 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` - ix. Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) And another** [2020 (1) KHC 663); - x. The observations made in this order are only for the purpose of considering the application and the same shall not be construed as an expression on the merits of the case to be decided by competent Courts. **Sd/C.S. DIAS JUDGE** BR ``` 10 ``` ``` BAIL APPL. NO.5442 OF 2024 ``` ## **`APPENDIX OF BAIL APPL. 5442/2024`** ``` PETITIONER’S ANNEXURES Annexure 1 ``` ``` A TRUE COPY OF THE PETITION IN O.P. 369/2024 BEFORE THE FAMILY COURT, KOZHIKODE, DATED 23-05-2024. ``` ``` Annexure 2A TRUE COPY OF THE ORDER IN CMC. 944/2024 OF SESSIONS' COURT, KOZHIKODE, DATED 12-06-2024. ``` ``` Annexure 3A TRUE COPY OF THE ORDER DATED 20-06-2024 IN CRIMINAL MISCELLANEOUS CASE NO.1036/2024 ON THE FILE OF THE COURT OF SESSIONS, KOZHIKODE DIVISION ``` ## **`RESPONDENT’S ANNEXURES:NIL`**