Accused in Crime No.1713 of 2014 of Vaikom Police Station was filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nut shell was that the petitioner married the de facto complainant on 08.07.2001 and thereafter, she was subjected to cruelty demanding more dowry and thereby, he had committed the offence puishable under Section 498(A) of the Indian Penal Code.
3. Heard both sides and perused the records.
4. It is seen from the records that the above case was registered on the basis of the statement given by the de facto complainant alleging commission of the above said offence. It is also seen from the statement of facts that earlier on the basis of similar allegations, a case was registered and after investigation, it was taken on file as C.C No. 216 of 2008 and the matter was settled between the parties and they are started residing together and it is thereafter, that the present complaint has been filed after five years of that incident.
However, I am not at this stage going to the genuineness of the allegation made. Being a matrimonial dispute and also considering the allegations made, the custodial interrogation of the petitioner is not required and putting the spouse behind the bar is likely to affect the possibility of settlement in future as well. So considering the circumstances, this Court feels that anticipatory bail can be granted to the petitioner in the above case with some conditions. So the petition is allowed with following conditions:
1. Petitioner if arrested in connection with Crime No. 1713 of 2014 of Vaikom Police Station, is directed to be released on bail on executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer/investigating officer/Station House Officer of the concerned Police Station as the case may be.
2. Petitioner shall appear before the Investigating Officer for the purpose of interrogation for three consecutive days between 9.00 a.m and 12.00 noon immediately after such arrest and release and thereafter, as and when required by him in writing to do so, till the final report is filed.
3. Petitioner shall not leave the State of Kerala without getting prior permission from the Judicial First Class Magistrate Court-I, Vaikom, till the disposal of the case and he shall surrender his passport either before the Judicial First Class Magistrate Court-I, Vaikom or before the Investigating Officer at the time of his arrest and move for regular bail.
4. If the petitioner surrenders before the Judicial First Class Magistrate Court-I, Vaikom, and moves for regular bail, then the learned Magistrate is directed to release the petitioner on bail on the same conditions as stated above.
With the above conditions, the anticipatory bail application is allowed.
K. RAMAKRISHNAN, Judge lsn