Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 593/2014 of East Kallada Police Station which has been registered for the offences under Sections 498A and 406 read with Section 34 I.P.C.
2. The first petitioner is the husband of the de facto- complainant and the other petitioners are his parents. It is alleged that the first petitioner has not been interested in the consummation of the marriage and the consummation has not taken place so far. She has filed two O.P.s before the Family Court for return of her gold ornaments and for declaring that the marriage is null and void.
3. Heard.
4. The marriage between the first petitioner and the de facto-complainant was solemnized on 09.02.2014. The marriage has not been consummated so far according to the de facto-complainant. It appears that there are some disputes between the parties and other money matters also. There is no
B.A. No. 4099 /2014 2
allegation of serious physical violence against the petitioners. In these circumstances, I think it proper to grant the prayer of the petitioners.
In the result, this petition is allowed.
1. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2. They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.
3. They shall not destroy or tamper with evidence.
This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with law.
sd/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE