Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.1386/2014 of Thaliparamba Police Station registered for the offence punishable under Section 498A of the Indian Penal Code.
3. The allegation against the petitioners is that they have tortured and harassed the de-facto complainant, who is the wife of the first petitioner, and treated her with cruelty within the meaning of Section 498A of the Indian Penal Code.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. It is true that there are usual allegations in the matter for inviting an offence under Section 498A of the Indian Penal Code. At the same time, by considering it as a matrimonial offence and the likelihood of re-union, 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 ₹50,000/- (Rupees fifty 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 Saturdays and Wednesdays, commencing from 20.12.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE dl // True Copy // P.A. To Judge