Aswin K S vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.310 of 2021 of Puthoor Police Station registered for the offences punishable under Sections

498A, 323 read with Section 34 of Indian Penal Code, the petitioners have filed this application under Section 438 of the Code of Criminal Procedure.

The prosecution case is as follows:

The 1st petitioner has married the defacto complainant as per the rites and ceremonies of their community on 24.11.2017. The couple started to

reside together at his residence after marriage and while so, she was subjected to both physical and mental cruelty and she was even brutally

assaulted by the petitioners and thus committed the aforesaid offences.

The learned counsel for the petitioners has raised a plea of false implication and further submitted that the defacto complainant, though married on

24.11.2017, resided with him at his residence along with his parents only for a few days. She was suffering from some kind of mental illness and was

undergoing treatment. The fact that she was suffering from mental illness was not disclosed to the petitioners before the marriage. After few months

of the marriage, the defacto complainant left the house and started to reside with her parents. Because of her mental illness, the 1st petitioner was

constrained to move before the Family Court, Kottarakkara with a petition for dissolution of his marriage with her and now the case is pending there.

Though the petitioners are totally innocent of the allegations levelled against them, they apprehend arrest.

The learned Public Prosecutor submitted that the investigation of the case is at the initial stage.

Having regard to the nature of the accusations levelled against the petitioners, and the other facts and circumstances involved inÂ

this case, I think that custodial interrogation of these petitioners may not be necessary for  the investigating agency to proceed with the investigation

of the case. Hence, I think that this petition can be allowed.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent

sureties for the like sum each in the event of arrest by the police in connection with the above crime.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv)The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.