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HIGH COURT OF KERALA
P.UBAID, J
ANSAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPLICATION 6241/2017
Bail - Pre-arrest Bail - Code of Criminal Procedure, 1973 - Section 438; Protection of Women from Domestic Violence Act - Sections 31; Indian Penal Code - Sections 341, 323 - The court granted pre-arrest bail noting the investigation was nearly complete, addressing concerns of custodial harassment.
Fact of the Case:
The petitioner sought pre-arrest bail, fearing custodial harassment related to an assault case under IPC and a violation of a protection order under the Domestic Violence Act after allegedly trespassing and assaulting his wife.
Finding of the Court:
The court determined that the investigation was nearly finished, allowing for bail under certain conditions while imposing restrictions on the petitioner's interactions with the complainant.
Issues: Whether to grant pre-arrest bail under the apprehension of custodial harassment connected to alleged domestic violence and assault.
Ratio Decidendi: The court established that pre-arrest bail can be granted when the investigation is nearing completion and there is a potential for custodial abuse, particularly in domestic violence scenarios.
Final Decision: Pre-arrest bail granted to the petitioner with specific conditions.
O R D E R
The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.982 of 2017 of the Panangadu Police Station registered under Sections 341 and 323 of the Indian Penal Code and Section 31 of the Protection of Women from Domestic Violence Act.. He is the sole accused in the crime.
2. The prosecution case is that in violation of an ex parte interim order of protection granted by the Judicial First Class Magistrate Court VIII, Maradu in a proceeding brought by the complainant under the Protection of Women from Domestic Violence Act, the petitioner herein trespassed into the rented house occupied by his wife and assaulted her. It is not known what later happened to the ex-parte order. Anyway, the proceeding brought before the Magistrate is the result of the strained matrimony in between the parties. It is not known whether the court has confirmed the interim order.
3. On a perusal of the materials, I find that investigation is practically over. I feel it appropriate to grant bail to the petitioner on appropriate conditions.
In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for ₹ 30,000/- (Rupees Thirty thousand only) each to the satisfaction of the arresting officer or the court below having jurisdiction, in case of his arrest in connection with Crime No.982 of 2017 of the Panangadu Police Station. Bail is granted on condition that:
a. The petitioner shall report before the Investigating Officer between 10.00 a.m and 11 a.m on all Saturdays for two months.
b. The petitioner shall not enter the residence of the de facto complainant unless permitted by the court in the D.V Act proceedings.
c. The petitioner shall not have any contact with the de facto complainant and other material witnesses except for the purpose of settlement of the dispute between them, in case anybody intervened for such a course.
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