High Court Kerala High Court

Binoy Samuel vs State Of Kerala on 28 May, 2008

Kerala High Court
Binoy Samuel vs State Of Kerala on 28 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3269 of 2008()



1. BINOY SAMUEL
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.VINODKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :28/05/2008

 O R D E R
                             K.HEMA, J.

                 -----------------------------------------
                       B.A.No. 3269 of 2008
                                    &
                       B.A.No. 3330 of 2008
                 -----------------------------------------

              Dated this the 28th day of May, 2008

                              O R D E R

These petitions are for anticipatory bail.

2. Petitioner in B.A.No.3269 of 2008 is the first accused and

petitioners in B.A.No.3330 of 2008 are accused 2 and 3 in the same

crime. The first accused and the defacto complainant were married

on 22.10.2007. Thereafter, it is alleged that he ill-treated the

defacto complainant, tortured her and got pregnancy aborted and

she was forced to leave etc. She made a complaint before the

Women’s Commission and also before the Magistrate’s Court on the

same allegations. A crime was registered for offences under

Sections 498(A), 120(A), 120(B), 316 and 341 of Indian Penal Code

against the petitioners and their close relatives.

3. Learned counsel for petitioners submitted that petitioner in

BA.3269 of 2008 is suffering from temporal lobe epilepsy from

childhood and the marriage was conducted disclosing this fact. But,

the defacto complainant, it appears, was not aware of this, and

refused to live with the husband, on coming to know about his

BA.3269 & 3330/08 2

ailment. The defacto complainant became pregnant and she was

seeking help of petitioner to abort the pregnancy for which he was

not willing. Thereafter, she left the house and got the pregnancy

aborted. The allegations made by defacto complainant are false and

it is found so by the Women’s Commission, it is submitted. Learned

counsel for petitioners submitted that the parties were referred to

the Family Court by the Women’s Commissioner and no action was

taken against the petitioners, since the Commission was satisfied of

the truth in the matter.

4. Learned Public Prosecutor submitted that petitioners may

be directed to appear before the investigating officer for

interrogation and he has no objection in releasing them on bail on

conditions, thereafter.

5. On hearing both sides, I am satisfied that this course can

be adopted and hence, the following orders are passed:

i) Petitioners shall appear before the investigating officer on

4.6.2008 between 10 AM and 5 PM and make themselves available

for interrogation and thereafter they shall be produced before the

Magistrate’s Court concerned, in accordance with law.

ii) The learned Magistrate shall release the petitioners on bail

on their executing bond for Rs.25,000/- each with two solvent

BA.3269 & 3330/08 3

sureties each for the like sum to the satisfaction of the court, on

condition that they shall appear before the investigating officer as

and when directed by him.

The petitions are allowed.

K.HEMA, JUDGE

vgs.