The petitioners were accused Nos.2 to 4 in Crime No.353/2014 of Adhur Police Station, Kasaragod District. They approached this Court for granting pre-arrest bail filed under Sec.438 of Cr.P.C. The above mentioned crime was registered alleging the offences punishable under Secs. 323, 498(A), 403 and 506(ii) of the Indian Penal Code.
2. The allegations raised in the aforementioned crime are that the 1st accused married the de facto complainant on 14-1-2010 and at the time of marriage, she was gifted with 30 sovereigns of gold ornaments and an amount of ₹ 3,00,000/-.
Thereafter, the accused used to physically and mentally harass the de facto complainant demanding a further sum of ₹2,00,000/- as dowry and thereby the accused committed the above said offences in the above referred crime.
3. Sri. T. Madhu, the learned counsel for the petitioners submits that the petitioners are totally innocent of the allegations leveled against them and they are falsely implicated in the offences.
4. The learned Public Prosecutor would submit that the investigation is almost over and that if this court is inclined to grant anticipatory bail to the petitioners, the same should be conditioned with necessary safeguards to protect the interest of the prosecution.
5. Having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and taking into account the totality of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, it is ordered that in the event of the arrest of the petitioners in connection with Crime No.353 of 2014 of Adhur Police Station, Kasaragod District, they shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime, and subject to the following conditions:
i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, 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, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioner shall report before the Investigating Officer as may be required by the Investigating Officer.
iii) The petitioner shall not involve in any criminal offence of similar nature.
iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
v) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner shall stand cancelled.
Stu ALEXANDER THOMAS, JUDGE.
//True copy// P.A to Judge