Petitioner is the 2nd accused in Crime No.316/2014 of Kadakkal Police Station. First accused is the husband of the de- facto complainant. The offences alleged against them are punishable under Secs.498A and 294(b) r/w 34 of IPC. Apprehending arrest this petition is filed for anticipatory bail. 2. It is alleged that the petitioner and the first accused subjected the complainant to physical and mental cruelty demanding more gold etc. The prosecution contends that the gold ornaments worth 90 sovereigns are still being retained by the accused. First accused is stated to be in gulf.
3. Learned counsel for the petitioner submits that it is only because the first accused is in gulf the petitioner has also been arrayed as accused.
4. This submission is strongly opposed by the learned Public Prosecutor.
5. Learned counsel for the petitioner submits that when the first accused returns to the native place, the matter would be settled.
6. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions:
a. The accused shall execute a bond for ₹50,000/-
(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make herself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce her original passport before the learned jurisdictional Magistrate. If she is not having any valid passport, she should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that she will abide by all the conditions as mentioned above and that she will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//TRUE COPY// P.A. TO JUDGE Jvt