~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.1100/2014 of Vallikkunnam Police Station registered for the offence punishable under Section 498A IPC.
3. The allegation against the petitioners is that they have tortured and harassed the de facto complainant and treated her with cruelty within the meaning of Section 498A IPC, by demanding more gold ornaments and money, after misappropriating her entire gold ornaments and money. It is alleged that she has been expelled from the matrimonial house also and other cases are pending relating to that.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. The investigation of this case is practically over. On going through the contents of the CD, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. Being a matrimonial dispute and by considering a chance of reunion and settlement, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m.
on all Mondays and Thursdays, commencing from 22.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge