Petition filed under Section 438 Cr.P.C. 2. Petitioners are A1 and A2 in Crime No.1171/2014 of Ottapalam Police Station, registered for the offences punishable under Sections 341, 323 and 498A IPC read with Section 34 IPC.
3. The allegations against the petitioners are that they have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner and treated her with cruelty within the meaning of Section 498A IPC. It is specifically alleged that on 04.10.2014, while the defacto complainant, who is a Doctor, was attending her 6 months old son, who was laid up at the hospital, as a by-stander, the petitioners came over there. Without any provocation, as part of the harassments, the 1st petitioner repeatedly fisted forcibly on her face, head etc. thereby causing injuries to her.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. The contents of the CD prima facie reveal the complicity of the 1st petitioner. It is alleged that the 2nd petitioner also used to harass the defacto complainant. At the same time, no specific overt acts are alleged against the 2nd petitioner. Considering the facts and circumstances of the case and the seriousness of the allegations against the 1st petitioner, I am of the view that he is not entitled to the discretionary relief of anticipatory bail. At the same time, this is a fit case wherein anticipatory bail can be grated to the 2nd petitioner, who is the mother of the 1st petitioner.
6. In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of the 2nd petitioner, is directed to enlarge the 2nd petitioner on bail in the event of her arrest on her 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 2nd petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Mondays, commencing from 21.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The 2nd petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 2nd petitioner shall make herself available for interrogation as and when required by the Investigating Officer.
(iv) The 2nd 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.
This petition, as far as the 1st petitioner is concerned, is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/18/11 // True Copy // P.A. To Judge