Anticipatory bail may be granted even in domestic violence cases if conditions are imposed and prior criminal history is absent.

ORDER

This is an application for anticipatory bail.

2. Petitioner is the accused in Crime No.501/2023 of Thrithala Police Station, Palakkad district, alleging commission of offences under Sections 323 , 324, 294(b) of the Indian Penal Code and Section 31 (1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Domestic Violence Act’).

3. The allegation against the petitioner is that on

19-07-2023 at about 8.30 am, the petitioner came to the residential house, in respect of which the defacto complainant had obtained a residence order under the Domestic Violence Act and attempted to cut and remove certain trees and when this was obstructed, the petitioner attacked the defacto complainant, causing dislocation and injuries on various parts of her body. It is also alleged that the petitioner used obscene words and therefore the petitioner committed the offences alleged against him.

4. Learned counsel for the petitioner would submit that the petitioner has not violated any order obtained by the defacto complainant under the Domestic Violence Act. It is submitted that the petitioner and the defacto complainant have been living separately for the past seven years. It is submitted that the petitioner had gone to the residential house, in respect of which the defacto complainant had obtained a residence order, only to cut and remove some trees on the instructions given by the local Panchayath. It is submitted that a wordy altercation took place thereafter a false complaint has been filed against the petitioner containing allegations as noticed above. It is submitted that the petitioner does not intend to violate any order obtained by the defacto complainant under the Domestic Violence Act and this may be made a condition of the order granting bail to the petitioner.

5. Learned Public Prosecutor opposes the grant of anticipatory bail. The circumstances of the case appearing against the petitioner are pointed out to show that a person who violated the order passed by a competent court under Domestic Violence Act with impunity is not entitled to an order of anticipatory bail.

6. Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the facts and circumstances of the case, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions. No criminal antecedents are reported against the petitioner. The allegations against the petitioner are as noticed above. The custodial interrogation of the petitioner does not appear to be necessary for the purposes of a proper investigation into the crime registered against him. The petitioner has also undertaken not to enter the house in respect of which the defacto complainant has obtained a residence order.

7. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.501/2023 of Thrithala Police Station, Palakkad district subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.501/2023 of Thrithala Police Station, Palakkad district, as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.501/2023 of Thrithala Police Station, Palakkad district;

(iv) Petitioner shall not involve in any other crime while on bail.

(v) Petitioner shall not violate any order obtained by the defacto complainant under the provisions of the Domestic Violence Act.

(vi) Petitioner shall not enter the compound of the house in respect of which the defacto complainant has obtained a residence order until the said order is modified by a court of competent jurisdiction.