Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.992/2014 of the Vallikunnam Police Station registered for the offences punishable under Sections 498(A), 323, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that they have tortured and harassed the de-facto complainant, who is the wife of the petitioner, and treated her with cruelty by demanding more dowry. It is also alleged that she was severely beaten up.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. 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, Kayamkulam, which was referred to the police for an investigation under Section 156(3) of the Code of Criminal Procedure. The contents of the C.D. reveals that the investigation of the case is practically over. No criminal antecedents have been reported against the petitioner. 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 petitioner.
5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his 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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 28.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner 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