The petitioners are accused Nos.2 to 5 in Crime No.716/2014 of Pariyaram Medical College Police Station for offences alleged under Sections 498(A) r/w 34 IPC. The allegation is that the 1st accused married the defacto complainant and while they are living as spouses in the matrimonial home and at her residence, the defacto complainant was mentally and physically harassed by the accused persons for more dowry and gold etc. The 1st and 4th petitioners are the parents of the 1st accused and petitioners 2 & 3 are the brother and sister of the 1st accused/husband. It is the case of the petitioners that the defacto complainant harassed the petitioners herein. The husband (A1) of the defacto complainant is employed in Military Services and almost all days the defacto complainant is residing with her parents since her husband is out of station in connection with his employment and that the defacto complainant insisted the 1st accused to reside along with her parents for which the 1st accused is not ready and on the basis of this the instant case has got triggered. Sri.Zubair Pulikool, learned counsel for the petitioners, would submit that this Court may allow the plea of pre-arrest bail to the petitioners in the interest of justice.
2. The learned Public Prosecutor would submit that the investigation is not complete and that in case this Court is inclined to exercise discretion to allow the plea of pre-arrest bail to the petitioners, then sufficient strict safeguards may be incorporated in the order so as to protect the bonafide interest of the prosecution.
3. After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor and on a consideration of the totality of the facts and circumstances of the case, this Court is inclined to allow the plea of pre-arrest bail to the petitioners in this case, but, subject to necessary safeguards so as to protect the interest of prosecution. Accordingly it is ordered that in the event of the petitioners beings arrested in connection with Crime No.716/2014 of Pariyaram Medical College Police Station, they shall be released on bail on their executing a bond for ` 35,000/- (Rupees Thirty Five Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer and subject to the following conditions:-
(i) The petitioners shall surrender their passports, if any, before the court below concerned within three days from the execution of the bail bond before the investigating officer and if either of them is not a holder of passport, then they shall file affidavit to that effect in the said court. If the petitioners require their passport in connection with their travel abroad, then they are free to approach the court concerned for the release of the same and for necessary permission in that regard. In case if such an application is filed, the court below concerned is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(iii) The petitioners shall not involve in any criminal offence of similar or graver nature.
(iv) The petitioners shall co-operate with the investigation and report before the investigating officer as and when required.
(v) The petitioners shall not attempt to influence the witnesses or shall not tamper or tamper evidence in any manner whatsoever.
If the petitioners fail to comply with any of the conditions as ordered above, the bail granted to them are liable to be cancelled.
Accordingly, this application stands finally disposed of.
bkn/-
ALEXANDER THOMAS, Judge.