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2013 Supreme(Online)(KER) 16803
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
BABY – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./1070/2013
SRI.GEORGE SEBASTIAN and SRI.V.S. SREEJITH
Pre-trial detention is discouraged in familial disputes unless justified by compelling circumstances.
Headnote:
Bail - Criminal Procedure - IPC Sections 341, 326 and 34 - Petitioners' arrest considered unwarranted due to the nature of family dispute leading to the alleged offences.
Fact of the Case:
The petitioners, accused in a criminal case, sought relief from anticipated arrest related to family disputes resulting in criminal allegations. Their previous petition for anticipatory bail was rejected.
Finding of the Court:
The court found that pre-trial detention was not necessary given the familial context and the lack of previous criminal involvement by the petitioners.
Issues: Whether anticipatory bail should be granted to the petitioners facing accusations in a family dispute.
Ratio Decidendi: The court's decision aligned with the understanding that in familial disputes, pre-trial detention can be avoided unless compelling reasons are presented.
Final Decision: Petition allowed; petitioners directed to surrender and to be released on bail under specified conditions.
O R D E R
Petitioners are accused 1 and 2 in Crime No.26/2013 of Piravom police station for offences under Sections 341 and 326, read with Section 34 IPC .
2. Apprehending arrest, detention and torture at the hands of the investigating officer, they moved a petition as Crl.M.C.No.176/13 before the Sessions Judge, Ernakulam. By order dated 5.2.2013, the petition was dismissed on finding that the same is not a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure . Now seeking the same relief this petition is filed.
3. It is revealed that the first petitioner had filed First Information statement against the defacto complainant accusing offences under Sections 452,427 and 324 having committed at 1 am on 20.1.2013. The offence alleged in this case was said to have been committed at 3 a.m on the same day. It is revealed that the defacto complainant is a cousin : 2:
of the petitioners, who are brothers. They are not involved in any other case. It appears that this case and the other case occurred as a result of the fight between the family members. Taking into account that aspect, I find that pre trial detention is not warranted
4. In the result, this petition is allowed and there would be an order directing the petitioners to surrender before the investigating officer within a week. The investigating officer, after arrest, integration and recovery, if any, shall produce the petitioners before the Magistrate having jurisdiction so as to enable the petitioners to apply for regular bail. The learned Magistrate on such application, shall release the petitioners on bail on executing a bond for Rs.20,000/- each with two solvent sureties each for the like amount to his satisfaction on the following conditions:
i. The petitioners shall report before the investigating officer at 10 a.m. on every Friday for a period of three months or till the final report is filed, whichever event occurs first.
ii. The petitioners shall not, directly or indirectly, : 3:
make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Sd/-
P.S. GOPINATHAN, JUDGE.
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