Anas vs State Of Kerala

Gopinath P., J

The petitioners are the accused in Crime No.1765/2021 of Aluva Police Station, Ernakulam District alleging commission of offences under Section 498A read with Section 34 of the Indian Penal Code.

The 1st petitioner got married to the de facto complainant on 25-02-2018. The allegation against the petitioners is that after the marriage of the de facto complainant with the 1st petitioner/1st accused, she was harassed continuously for demanding dowry and also by stating that she was not good looking. It is also alleged that the 1st petitioner had assaulted the de facto complainant.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the complaint has been filed after the 1st petitioner had approached the Family Court, Ernakulam through Annexure-A2 petition for restitution of conjugal rights. It is also submitted that the de facto complainant had approached the Family Court, Ernakulam by filing M.C. No.213/2021 seeking maintenance. It is submitted that the complaint was filed thereafter raising allegations of cruelty and harassment and assault only to ensure that the matrimonial disputes which are pending before the Family Court are settled in a manner suitable to the de facto complainant.

I have heard the learned Public Prosecutor also.

Having regard to the nature of the allegations and considering the facts and circumstances of the case, I am of the opinion that the petitioners can be granted anticipatory bail as their custody may not be necessary for a proper investigation into Crime No.1765/2021.

In the result this bail application is allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.1765/2021 of Aluva Police Station subject to the following conditions:-

(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the Investigating officer in Crime No.1765/2021 of Aluva Police Station as and when called upon to do so;

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1765/2021 of Aluva Police Station;

(iv) 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.1765/2021 of Aluva Police Station may file an application before the jurisdictional Court for cancellation of bail.