B.A No. 8560 of 2014 was filed by the first accused and B.A No. 8680 of 2014 was filed by accused Nos.2 to 4 in Crime No. 1128 of 2014 of Ayiroor Police Station for Anticipatory Bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for short).
2. The case of the prosecution in nut shell was that the first accused married the de facto complainant on 2.12.2013 and thereafter, they were living together as husband and wife and while so she has been subjected to cruelty demanding dowry and thereby all of them have committed the offence punishable under Section 498(A) r/w 34 of the Indian Penal Code.
3. Heard both sides and perused the records.
4. The case was registered on the basis of the complaint given to the Director General of Police by the de facto complainant, which was forwarded to the concerned Police Station through the proper channel and the crime was registered. The marriage subsisted only for few months and though the marriage was solemnized in the year 2013, the complaint was filed only in the fag end of this year. I am not going to the question as to whether the allegations are sufficient to attract the offence punishable under Section 498
(A) of the Indian Penal Code or not against the petitioners.
However, considering the fact that it is a matrimonial dispute and considering the nature of allegations, the custodial interrogations of the petitioners is not required and putting them behind bar in such cases will affect the possibility of settlement in future also. So considering the exceptional circumstances, this Court feels that anticipatory bail can be granted to the petitioners in the above case with some conditions. So the petitions are allowed with following conditions:
1. Petitioners if arrested in connection with Crime No. 1128 of 2014 of Ayiroor Police Station, they are directed to be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer/investigating officer/Station House Officer of the concerned Police Station as the case may be.
2. Petitioners shall appear before the Investigating Officer for the purpose of interrogation for three consecutive days between 9.00 a.m and 12.00 noon. Immediately after such arrest and release and thereafter, as and when required by him in writing to do so, till the final report is filed.
3. Petitioners shall not leave the State of Kerala without getting prior permission from the Judicial First Class Magistrate Court-I, Varkala, till the disposal of the case and they shall surrender their passports either before the Judicial First Class Magistrate Court-I, Varkala or before the Investigating Officer at the time of their arrest and move for regular bail.
4. If the petitioners surrender before the Judicial First Class Magistrate Court-I, Varkala, and move for regular bail in above two crimes, then the learned Magistrate is directed to release the petitioners on bail in the above crimes on the same conditions as state above.
With the above conditions, the anticipatory bail applications are allowed.
lsn K. RAMAKRISHNAN, Judge