~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.1445/2014 of Puthoor Police Station, Kollam district registered for the offence punishable under Section 498A read with Section 34 IPC.
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 within the meaning of Section 498A IPC, by demanding more gold ornaments and money, after misappropriating her entire gold ornaments and money.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. 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-I, Kottarakkara, which was referred to the police under Section 156(3) Cr.P.C. Apart from the usual allegations in a case under Section 498A IPC, no specific overt acts are alleged against the petitioner. On going through the contents of the CD, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Being a matrimonial offence, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. 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) aks/25/11 // True Copy // PA to Judge