Akhil K.L vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

Petitioner is the 1st accused in Crime No.2185/2021 of Vizhinjam police station, alleging commission of offences under Sections 498A, 323, 294(b)r/w. 34 of the Indian Penal Code.

Allegation against the petitioner and the other accused is that they have been harassing the de facto complainant physically and mentally, demanding dowry. It is also alleged that the petitioner had physically assaulted the de facto complainant and the other accused had abused her using filthy language.

Learned counsel appearing for the petitioner would submit that the allegations are falsely raised. It is submitted that the de facto complainant had left the matrimonial home in the month of July 2021 and thereafter, though she came back after two weeks, she again left the matrimonial home in the month of September 2021 and filed the present complaint in the month of October 2021, raising false allegations. It is submitted that at any rate, custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.

I have heard the learned Public Prosecutor and the learned counsel for the de facto complainant. They strongly oppose grant of anticipatory bail to the petitioner. It is pointed out that the First Information Statement of the de facto complainant clearly reveals the instances of physical assault and mental harassment of the de facto complainant at the hands of the petitioner. It is submitted that if the petitioner is granted bail, there is every chance of the de facto complainant being intimidated.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.2185/2021 of Vizhinjam police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No..2185/2021 of Vizhinjam Police station as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 2185/2021 of Vizhinjam police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.2185/2021 of Vizhinjam police station may file an application before the jurisdictional Court, for cancellation of bail.