Petition filed under Section 438 Cr.P.C. 2. Petitioners are accused 1 to 5 in Crime No.256/14 of Aroor Police Station registered for the offences under Sections 323, 498(A), 506(i) and 34 IPC.
3. The first petitioner is the husband of the defacto complainant.
Petitioners 2 and 3 are his parents and the other petitioners are his brother and his wife. The allegation is that by demanding money the petitioners subjected the defacto complainant to cruelty and the first petitioner assaulted her. The petitioners submit that the defacto complainant wanted the first petitioner to have a separate residence and she has a bad temper; sometimes, she became violent and used to quarrel with petitioners. She also threatened to commit suicide.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The first petitioner and the defacto complainant were married only on 13.11.2011. It was an inter caste love marriage. They have a daughter aged one year.
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6. This is a family matter. There is no allegation that the defacto complainant has sustained any serious injury. The attempt of the court should be to restore harmony in the family. If the petitioner happens to be arrested and detained in jail, it may make the chances of reconciliation impossible. So I am inclined to grant the relief sought for in the application.
In the result, this Bail Application is allowed and
1) the petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2) they shall appear before the Investigating Officer for interrogation as and when they are so required in writing.
3) they shall not destroy or tamper with evidence.
4) they shall not harass the de facto complainant or her relatives.
5) this order is not applicable if the petitioner choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
jes K.ABRAHAM MATHEW, JUDGE