BY AD v. V.R.REKESH
Case at a glance
Provisions considered
Judgment
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 OTHER PRESENT: PP-SMT.NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.531 OF 2024 2 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by accused Nos.1 to 4 in Crime No.1226/2023 of Kannur Town Police Station, Kannur District registered under Section 498 A of IPC.
The prosecution allegation is that, the petitioners who are the husband and in-laws of the defacto complainant subjected her to matrimonial cruelties, both physical and mental, demanding more dowry.
Heard learned counsel for the petitioners and learned Public Prosecutor.
The learned Public Prosecutor opposed the bail application.
Learned counsel for the petitioners would submit that, petitioners 2 to 4 are the aged parents, and sister of the 1st petitioner.
On going through the FIR, no physical assault is seen alleged, and no medical certificate also is there. The allegation in general is that, the defacto complainant was subjected to BAIL APPL. NO.531 OF 2024 3 physical and mental cruelties demanding dowry.
Learned Public Prosecutor would submit that, investigation is not over.
Considering the fact that, the petitioners are the husband and in-laws of the defacto complainant, and once they are sent to jail, the chances of settlement, if any, will be foreclosed forever, this Court is inclined to allow this petition on the following terms:- (i) The 1st Petitioner (A1) shall surrender before the Investigating Officer on 20/2/2024 at 10.00am and subject himself for interrogation. (ii) In the event of arrest, the 1st petitioner (A1) shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties each for the like sum to the satisfaction of the arresting officer. (iii) In the event of arrest, petitioners 2 to 4 shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only), by each of them, with two solvent sureties each for the like sum to the satisfaction of the arresting officer. BAIL APPL. NO.531 OF 2024 4 (iv) The Petitioners (A1 to A4) shall appear before the Investigating Officer, as and when, directed. (v) The petitioners shall not influence or intimidate the defacto complainant or her family members, either directly or indirectly. (vi) The petitioners shall not influence or intimidate the witnesses or tamper with the evidence. (vii) The petitioners shall not commit any offence, while on bail. In case of violation of the bail conditions, the trial court is empowered to cancel their bail, in accordance with law. Sd/- SOPHY THOMAS JUDGE BAIL APPL. NO.531 OF 2024 5 APPENDIX OF BAIL APPL. 531/2024 PETITIONER ANNEXURES Annexure -I A TRUE COPY OF THE FIR NO. 1226/2023 OF KANNUR POLICE STATION, KANNUR
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