Petition under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.3370/2014 of the Kodungallur Police Station registered for the offences punishable under Sections 498A and 354 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 is also alleged that the third accused, who is the brother of the first petitioner, has outraged her modesty. The second petitioner is the mother of petitioners 1 and 3.
4. Heard the learned counsel for the petitioners, the learned counsel for the de-facto complainant, and the learned Public Prosecutor.
5. The crime has been registered on the basis of a private complaint filed by the de-facto complainant before the Judicial First Class Magistrate's Court, Kodungallur, which was referred to the Kodungallur Police for an investigation under Section 156(3) of the Code of Criminal Procedure. Even though an offence under Section 354 of the Indian Penal Code is alleged, the private complaint does not reveal necessary ingredients of an offence under Section 354 of the Indian Penal Code. It is a matrimonial offence. Considering the facts and circumstances of the case and the present stage of investigation, 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 ₹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 petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Sundays and Wednesdays commencing from 23.11.2014 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 // PA to Judge