The petitioner is accused No.1 in Crime/FIR No.558/ 2014 of Shornur Police Station, Palakkad District, for offences under Section 498A read with Section 34 of the IPC. He has approached this Court invoking remedy under Section 439 of CrPC praying for grant of anticipatory bail apprehending arrest in connection with the aforementioned crime. 2. The Shornur Police Station authorities registered aforementioned crime based on the private complaint forwarded by the wife of the petitioner. The 2nd and 3rd accused in the said crime are respectively the brother and parental uncle of the petitioner. The brief of the prosecution case is that on 17.6.2014, the petitioner along with other accused had exerted physical and mental cruelty on the defacto complainant on the premise that Rs.1,00,000/- and 25 sovereigns of gold ornaments given by the father of the defacto complainant at the time of her marriage in year 2006 is insufficient.
Sri.C.Dilip, the learned counsel for the petitioner would strongly urge that the allegations raised against the petitioner are unfounded and untenable and that even going by the version projected by the prosecution, as seen from the first information lodged by the defacto complainant, the allegations are vague only so as to harass the petitioner and his other relatives, who are made as accused. Sri.C.Dilip, the learned counsel for the petitioner would further submit that investigation is complete and there is no necessity for custodial interrogation of the petitioner.
3. The learned Public Prosecutor would submit that the investigation has been completed and final report has been filed.
4. After having heard the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and after assessment and careful evaluation of the totality of the facts and circumstances of this case, I am inclined to hold that discretion can be exercised to grant regular bail in this case subject to conditions. Accordingly, it is ordered that in the event of the petitioner being arrested in connection with Crime/FIR No.558/2014 of Shornur Police Station, the petitioner shall be released on bail on his executing a bond for Rs. 35,000/- (rupees thirty five thousand only) and furnishing two solvent sureties each for the like amount to the satisfaction of the investigating officer in the above said crime and subject to the following conditions:
(i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within 3 days from the execution of the bail bond before the Investigating Officer and if he is not holder of passport, then he shall file affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he is free to approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar or graver in nature.
(iii) The petitioner shall fully co-operate with the investigation officer and shall report him before as and when required.
(iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
With the above directions, this application for anticipatory bail stands disposed of.
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sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge