Petitioners are accused in Crime No.483 of 2014 of the Peroorkara Police Station for the offence punishable under section 498A read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application.
It is submitted the petitioners subjected the de facto complainant who is wife of the 1st petitioner to cruelty.
3. Learned counsel submitted that the allegations are false. It is submitted that the 1st petitioner has filed a petition in a Court in Bangalore for divorce and thereafter the de facto complainant has preferred the present petition involving the parents of the 1st petitioner as well.
4. Having regard to the nature of the allegations made I am satisfied that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief.
The application is disposed of as under:
I. The 1st petitioner shall surrender before the Officer investigating Crime No.483 of 2014 of the Peroorkada Police Station on 02.06.2014 at 10.00 a.m for interrogation.
In case the 1st petitioner is arrested, he shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum before the arresting Officer.
II It is directed that in case petitioners 2 to 4 are arrested they shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.15,000/- (Rupees Fifteen thousand only) each with two sureties each for the like before the Arresting Officer.
III. Release of all the petitioners shall be subject to the following conditions:
(a) Petitioners shall report to the Officer investigating the case as and when required for interrogation.
(b) Petitioners shall not get involved in similar offence during the period of this bail.
(c) Petitioners shall not intimidate or influence the witnesses or the de facto complainant.
(v) In case the petitioners violate any of conditions (a) to (c), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv