Petitioner is the first accused in Crime No.242/2014 of Kumbala Police Station, Kasaragod District. The offences alleged against him and other accused are punishable under Secs.294(b), 323 and 498A r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail. 2. First accused is the husband of the complainant. 2nd accused is the mother of the first accused. It is alleged that the petitioners subjected the complainant to physical and mental cruelty. They used to abuse the complainant using obscene words.
3. Learned counsel for the petitioner submits that the allegation regarding cruelty is actually false.
4. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions:
a. The accused shall execute a bond for ₹25,000/-
(Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//True Copy// P.A. To Judge Jvt