This is an application filed by accused nos.2 and 3 in Crime No.345/2014 of Vallikunnam Police Station, Alappuzha District, for anticipatory bail under section 438 of Code of Criminal Procedure.
2. The case of the prosecution in a nutshell was that the first accused married the de facto complainant on 11.09.2013 and thereafter they were residing together as husband and wife. While so, she was subjected to cruelty demanding dowry by all the accused persons and thereby all of them have committed the offence punishable under section 498A r/w 34 of Indian Penal Code.
3. The counsel for the petitioners submitted that the petitioners are the father-in-law and mother-in-law of the de facto complainant and in fact, they have not committed any offence and they have been falsely implicated in the case. The counsel also submitted that they are prepared to abide by any condition imposed by this court and will co-operate with the investigation.
4. The application was opposed by the Public Prosecutor on the ground that investigation is only in the preliminary stage.
5. Heard both sides and perused the Case Diary file.
6. It is seen from the Case Diary file that the de facto complainant filed a complaint before the City Police Commissioner, Kollam, and it was forwarded to Inspector of Police, Paravoor, and then it was sent to the Station House Officer, Paravoor Police Station and he had registered Crime No.581/2014 of Paravoor Police Station against the petitioners and their son and daughter, alleging offence under section 498 r/w 34 of Indian Penal Code. Since the incident occurred within the jurisdiction of Vallikunnam Police Station, it was forwarded to that Police Station where it was re-registered as Crime No.345/2014. During investigation, it was revealed that the fourth accused was not involved in the crime and so her name was deleted from the array of accused and investigation in respect of others is going on. Petitioners are aged 60 years and 55years now. I am not, at this stage, going to the question as to whether the allegations are sufficient to attract the offence against the petitioners or not. However, considering the fact that the petitioners are old persons and their custodial interrogation, as such, is not required in connection with the investigation, this Court feels that anticipatory bail can be granted to the petitioners on certain conditions.
7. So, the application is allowed with following conditions.
i. If the petitioners are arrested by the second respondent or the Investigating Officer in connection with Crime No.345/2014 of Vallikunnam Police Station, then they are directed to release the petitioners on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five thousand) each with two solvent sureties each for the like sum each to the satisfaction of the second respondent or the arresting officer or the Investigating Officer as the case may be.
ii. On further condition that the petitioners shall appear before the Investigating Officer for the purpose of interrogation for two consecutive days between 10.00 am and 1.00 pm immediately after such arrest and release and thereafter as and when required by him in connection with investigation of the above case in writing to do so till the final report is filed.
iii. The petitioners shall not intimidate or influence the witnesses.
iv) The petitioners shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, Kayamkulam, till the disposal of the case.
v) If the petitioners surrender before the Judicial First Class Magistrate Court, Kayamkulam and move for regular bail, the learned Magistrate is directed to release the petitioners on bail on the same conditions as stated above.
With the above conditions, this application is allowed.
Sd/- K.RAMAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj