This is an application for anticipatory bail filed by accused 1 and 2 in Crime No.377/2014 of Nilambur Police station under Section 438 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that the first accused married the defacto complainant on 15.9.2013 and thereafter they were residing together as husband and wife in the house of the accused and while so, they have ill treaded her demanding more dowry and also manhandled her when she refused to hand over the gold ornaments and thereby they have committed the offences punishable under Sections 498 A, 323 read with Section 34 of the Indian penal Code.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case. In fact the 1st petitioner is a Government servant and even on the earlier occasion, the defacto complainant had left the house and on the basis of the mediation, they started living together and in order to harass the petitioners, she had filed a false complaint now. He prayed for allowing the application.
4. The application was opposed by the learned Public Prosecutor on the ground that investigation is not over and even earlier there was some manhandling and after mediation she came back and started living together and the medical certificate will go to show that both the accused have assaulted her demanding dowry.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case was registered on the basis of the statement given by the defacto complainant, who is non other than the wife of the first petitioner and daughter-in-law of the second petitioner alleging offences under Section 498 A and 323 read with Section 34 of the Indian Penal Code. It is true that her statement was recorded from the hospital and the wound certificate of the defacto complainant shows that she complained of pain on the lower abdomen and the cause of injury was shown as repeated assault by the husband and mother in law relating to dowry. She was brought to the hospital by her mother. It is true that dowry harassment must be viewed by the courts very seriously.
But at the same time, if any of the spouses were sent to jail on the basis of the allegations of commission of offence under Section 498 A, then the possibility of settlement in future will be affected. Further considering the nature of allegations made, custodial interrogation of the petitioner is not required as well. So considering the broad aspect of the matrimonial dispute, this Court feels that anticipatory bail can be granted to the the petitioners with some stringent conditions. So the application is allowed with the following conditions.
i. If the petitioners are arrested in connection with Crime No. 377/2014 of Nilambur police station, then the respondent is directed to release the petitioners on bail on executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer/respondent/ investigating officer as the case may be.
ii. The petitioners shall appear before the investigating officer three consecutive days between 9 am and 12 noon for the purpose of interrogation in connection with the above crime immediately after such arrest and release and thereafter as and when required by him for this purpose in writing to do so till the final report is filed.
iii. The petitioners shall appear before the investigating officer on the last Saturday of every month between 9 am and 10 am till the final report is filed.
iv. The petitioners shall not intimidate or influence the witnesses.
v. The petitioners shall co-operate with the investigation of the case as well.
vi. If the petitioners surrender before the Judicial First Class Magistrate Court-I, Nilambur and move for regular bail, then the learned Magistrate is directed to release the petitioners on bail on the same conditions as stated above.
With the above conditions, this petition is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge