Petition filed under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.26/14 of Kadakkal Police Station registered for the offences under Sections 498(A), 494 and 34 IPC.
3. The petitioner is the husband of the defacto complainant and accused 2 and 3 are his mother and aunt. It is alleged by the prosecution that they have subjected the defacto complainant to cruelty. The argument of the learned counsel for the petitioner is that there is no specific allegation of cruelty or harassment against the petitioner. He pronounced talaq, after which he has married again.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The parties are muslims, which is relevant on the facts of the case. According to the petitioner, he married again after divorcing the de facto complainant by pronouncing talaq.
6. This is a family matter. There is no allegation that the defacto complainant has sustained any serious injury. The attempt of the court should be to restore harmony in the family. If the petitioner happens to B.A.No.2869 OF 2014 :: 2 ::
be arrested and detained in jail, it may make the chances of reconciliation impossible. So I am inclined to grant the reliefs prayed for in the application.
In the result, this Bail Application is allowed and
1) the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2) He shall appear before the Investigating Officer for interrogation as and when required by him in writing.
3) He shall not destroy or tamper with evidence.
4) He shall not harass the de facto complainant or her relatives.
5) This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
jes K.ABRAHAM MATHEW, JUDGE