~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.653/2014 of Pattambi Police Station registered for the offence punishable under Section 498A IPC.
3. The allegation against the petitioner is that he tortured and harassed his wife, who is the de facto complainant, and treated her with cruelty within the meaning of Section 498A IPC by demanding more dowry, 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, Mattanchery, which was referred to the police under Section 156(3) Cr.P.C. It seems that the investigation of this case is practically over. The custodial interrogation of the petitioner is not required for the continued investigation of this case. Being a matrimonial offence and considering the present stage of the investigation, 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 Wednesdays and Saturdays, commencing from 26.11.2014 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/22/11 // True Copy // PA to Judge