Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.1451/2014 of Kilikolloor Police Station, registered for the offences punishable under Sections 494, 468 and 471 read with Section 34 of the Indian Penal Code.
3. The allegation against the first petitioner is that he had married the de-facto complainant and thereafter he had abandoned her and entered into a marital relationship with the second accused. It is also alleged that, with the aid of the third accused, the second accused is made as a nominee in all the pension papers of the first petitioner.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It has come out that a crime has been registered, on the basis of a private complaint, filed by the de-facto complainant before the Judicial First Class Magistrate's Court-1, Kollam, which was referred to the Kilikolloor Police under Section 156(3) of the Code of Criminal Procedure. It seems that the case of the de-facto complainant is that she was abandoned by the first petitioner on 4.5.1993 and they are residing separately. It has to be noted that she has come up with the complaint for the first time, through the private complaint dated 22.8.2014 only. I do not think that this is a case where custodial interrogation of the petitioners is required for the continued investigation of the case. The only thing is that the parties have to co-operate with the investigation. Considering the facts and circumstances of this case and the present stage of investigation, 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 Sundays and Thursdays, commencing from 9.11.2014 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.
dl +++ B.KEMAL PASHA, JUDGE