Petition filed under Section 438 Cr.P.C.
Petitioner is first accused in Crime No. 279/2014 of Mankara Police Station which has been registered for the offence under Section 498 A read with Section 34 I.P.C.
2. The petitioner is the husband of the de facto- complainant. The other accused are mother and brother of the petitioner. The allegation is that the petitioner subjected the de facto-complainant to cruelty both physical and mental. The defence is that the allegations are false and the de facto- complainant got this case registered because she does not want to live with the second accused and others to which the first petitioner could not agree.
3. Heard both sides.
4. The petitioner and the de facto-complainant have been married for the last 13 years. They have two children. There is no evidence of physical violence being done to the de facto- complainant.
B.A. No. 3958 /2014 2 The attempt of the court should be to restore harmony in the family. If the petitioners happen to be detained in jail, it may make the chances of reconciliation impossible. So I am inclined to grant the prayer 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 if he is so required by him in writing.
3. he shall not destroy or tamper with evidence.
This order is not applicable if the petitioners choose surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K. ABRAHAM MATHEW JV JUDGE