This application is filed by the petitioners, who are accused nos.1 to 4 in Crime No.370/2014 of Manjeshwar Police Station, for anticipatory bail under section 438 of Cr.P.C. It is alleged in the petition that the 1st petitioner married the de facto complainant on 27.10.2013.
2. The case of the prosecution in a nutshell is that the 1st accused married the de facto complainant on 27.10.2013 and thereafter they were living together as husband and wife in the house of the accused and while so, she was subjected to harassment by demanding dowry and also caused physical assault and thereby they committed the offences punishable under sections 324 and 498A r/w 34 of Indian Penal Code.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case.
4. Heard both sides and perused the Case Diary file.
5. It is seen from the records that the case was registered on the basis of the statement given by the de facto complainant against the petitioners alleging offences punishable under section 498A and 324 r/w 34 of Indian Penal Code. It is true that the statement was recorded from the hospital and allegation was that she was beaten with keys and nail cutter by her husband. Marriage had taken place only seven months prior to the incident.
6. However, considering the fact that it is a matrimonial dispute, custodial detention of the petitioners are not required as it will affect the possibility of re-union or settlement in future, this court feel that anticipatory bail can be granted to the petitioners with some conditions.
7. So application is allowed with following conditions.
i. If the petitioners are arrested by the respondent in connection with Crime No.370/2014 of Manjeshwar Police Station, Kasaragod District, then they are directed to be released on bail on executing a bond for Rs.25,000/- each (Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer/investigating officer or the the respondent as the case may be.
ii. On further condition that the petitioners shall appear before the Investigating Officer for the purpose of interrogation for two consecutive days immediately after such arrest and release and thereafter as and when required by him in connection with investigation of the above case in writing to do so till the final report has been filed.
iii. The petitioners shall not leave the State of Kerala without getting prior permission from the Judicial First Class Magistrate Court-I, Kasaragod, till the disposal of the case.
iv) The petitioner shall not intimidate or influence the witnesses.
v) If the petitioners surrender before the Judicial First Class Magistrate Court-I, Kasaragod and move for regular bail, the learned Magistrate is directed to release the petitioners on bail on the same conditions as stated above.
With the above conditions, this application is allowed.
Sd/- K.RAMAKRISHNAN, JUDGE jjj