Petitioners, who are accused Nos. 1 to 3 in Crime No.643 of 2014 of Challissery Police Station, Palakkad district registered for offence under Section 498A of Indian Penal Code, has preferred this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The first petitioner is the son of the second and third petitioners and the de facto complainant herein is the wife of first petitioner. 2. The prosecution allegation is that the petitioners had mentally and physically harassed the de facto complainant and demanded more dowry.
3. Smt.Mereena J.Joseph, learned counsel for the petitioner, would submit that the allegations are totally false and that the wife of the first petitioner is from Kalpeni Island, Lakshadweep and the entire relationship started with a missed call by the de facto complainant to the first petitioner and ended up in marriage on 02.11.2011.
4. The allegations and counter allegations appears to have been made by the rival parties. Mediation attempts have also failed and the first petitioner pronounced Talaq as per Mohammedan law. Certain other alleged incidents are also referred to in the petition.
5. The learned counsel for the petitioner would submit that all the allegations raised against the petitioners are false and baseless and that the petitioner apprehends arrest in this case and therefore, anticipatory bail may be granted.
6. The learned Public Prosecutor would submit that the investigation is almost complete and in case this Court is inclined to grant anticipatory bail to the petitioners, the same may be with necessary safeguards so as to protect the interest of the prosecution.
7. Having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and evaluating the totality of the facts and circumstances of this case, this Court is inclined to order anticipatory bail to the petitioner, but, with sufficient safeguards so as to protect the interest of the prosecution.
Accordingly, it is ordered that in the event of the arrest of the petitioners in connection with Crime No.643 of 2014 of Chalissery Police Station, Palakkad district, they shall be released on bail on each of them executing 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 petitioners shall surrender their passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if either of them are not holders of passport, they shall file an affidavit to that effect in the said court. If the petitioners requires their passport in connection with their travel abroad, then they 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 petitioners shall not involve in any criminal offence of similar nature.
iii) The petitioners shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
iv) The petitioners 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 bails granted to the petitioners shall stand cancelled.
Sd/-
ALEXANDER THOMAS, JUDGE.
vdv //True Copy// P.A to Judge