Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 in Crime No.650/2014 of Pazhayangadi Police Station registered for the offences punishable under Sections 354 and 498A read with Section 34 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. It has been specifically alleged that the third petitioner, who is the brother in law of the first petitioner, had severally outraged the modesty of the de-facto complainant and caught hold of her by demanding sexual intercourse with him. When that fact was complained of by the de- facto complainant to petitioners 1 and 2, they have reacted towards her instead of questioning the said acts of the third petitioner.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The contents of the C.D. Prima facie reveal the complicity of the petitioners. The allegations against petitioners 1 and 3 are very grave and serious. Considering the fact that the second petitioner is the mother of the first petitioner, I am of the view that anticipatory bail can be granted to her. At the same time, considering the seriousness of the allegations against petitioners 1 and 3 and the present stage of investigation, I am satisfied that they are not entitled to the discretionary relief of anticipatory bail.
5. In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of the 2nd petitioner, is directed to enlarge the 2nd petitioner on bail in the event of her arrest on her 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 2nd petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 18.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The 2nd petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 2nd petitioner shall make herself available for interrogation as and when required by the investigating officer.
(iv) The 2nd petitioner 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.
This Bail Application, as far as Petitioners 1 and 3 are concerned, stands dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge