The petitioner is the 2nd accused in Crime No.864/2014 of Kalpakancherry Police Station, Malappuram district, for offences punishable under Sections 341, 323, 354, 498A read with 34 of the I.P.C. The allegation raised by the defacto complainant is that she was married to one Sulaiman, who is the friend of the petitioner and that when disputes between them were came to the knowledge of the petitioner, he caught hold of her hand on 15.8.2014 along with Sulaiman, husband's uncle, husband's aunt and uncle's daughter and inflicted mental and physical cruelty on her. On the basis of the complaint filed on 31.8.2014 the aforementioned crime has been registered. According to the petitioner, the allegations have been falsely raised and with an ill motive as the petitioner was an acquaintance of the deceased father of Sulaiman, who is the defacto complainant's husband and his brother, who used to buy ayurvedic medicines from the petitioner's shop. Since the marital relationship between the above said Sulaiman and the defacto complainant was irretrievably broken down, the petitioner participated in the settlement talks held between the parties to mediate the disputes. But the father of the defacto complainant demanded Rs.5 lakhs as alimony for settlement of the claims and since the parties concerned did not heed to such huge demand, Sulaiman (husband) pronounced talaque on the defacto complainant and it is out of such grudge that the present complaint was triggered at the instance of the lady defacto complainant. It is accordingly prayed that the plea of pre-arrest bail may be allowed to the petitioner in the interest of justice. 2. The learned Public Prosecutor would submit about the details of the crime and would submit that the petitioner herein is not a relative of the defacto complainant herein, as envisaged in Section 498A. The prosecutor would further submit that in case this Court is inclined to grant anticipatory bail, then same may be conditioned with necessary safeguards to protect the interests of the prosecution.
3. Having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and on a consideration of the totality of the facts and circumstances of the case, this Court is inclined to order and allow the plea of pre-arrest bail to the petitioner in this case, subject to necessary conditions, so as to protect the bonafide interests of the prosecution. Accordingly, it is ordered that in the event of the arrest of the petitioner herein in connection with the above said crime, he 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 above crime and subject to the following conditions:
(i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within 3 days from the execution of the bail bond before the Investigating Officer and if the petitioner is not a holder of passport, then 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 is free to approach the court below 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, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall report before the Investigating Officer in the above said crime between 10 a.m. and 11 a.m. on every alternate Sundays.
(iii) The petitioner shall not involve in any criminal offence of similar or graver in nature.
(iv) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required by him.
(v) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
With the above said directions, this Bail Application stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge