Accused numbers 1 and 2 in Crime No. 2320 of 2014 of Adoor Police Station have filed this petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that the first petitioner married the de facto complainant on 05.11.2009, and thereafter they were living together as husband and wife, while so the accused have ill treated her demanding more dowry and thereby they have committed the offence under Section 498(A) 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. No offence under Section 498 (A) is attracted.
They further submitted that they are prepared to abide by any condition imposed by this Court.
4. The application was opposed by the Public Prosecutor on the ground that the investigation is not over.
5. Heard both sides.
6. It is seen from the documents produced by the petitioners, who are accused 1 and 2, that a case was registered by Adoor Police as Crime No.2320 of 2014 of Adoor Police Station, against the petitioners and the third accused who is the Sister of the first accused alleging offence under Section 498(A) read with 34 of the Indian Penal Code, on the basis of the statement given by the de facto complainant, none other than the wife of the first petitioner. I am not at this stage going into the question as to whether the allegations are sufficient to attract the offence alleged. Being a matrimonial dispute putting the husband and in-laws in jail will only affect the prospects of settlement in future. While considering the allegations, the custodial interrogation of the petitioners are also not required. So, considering the circumstances, this Court feels that anticipatory bail can be granted to the petitioners with some conditions. So the application is allowed to the following conditions:
1. The petitioners, if arrested in connection with Crime No. 2320 of 2014 of the Adoor Police Station, are directed to be released on bail, on executing a bond for ₹25,000/- (Rupees twenty five thousand only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/ investigating officer/ respondent as the case may be.
2. Petitioners shall appear before the investigating officer for two consecutive days for the purpose of interrogation, between 9.00 a.m., and 12.00 noon, 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.
3. Petitioners shall not influence or intimidate the witnesses.
4. Petitioners shall not leave the State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, Adoor, till the disposal of the case.
5. If the petitioners surrender before the Judicial First Class Magistrate Court, Adoor, and move for regular bail, then the learned Magistrate is directed to release them on bail on the same conditions as stated above.
With the above conditions, the petition is allowed.
K. RAMAKRISHNAN JUDGE DMR/-