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Judgment
12 paragraphs · 332 wordsP.G. Ajithkumar, J
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
The petitioners are the accused in Crime No.269 of 2024 of Kazhakuttam Police Station for having allegedly committed the offences punishable under Section 498A of IPC 1860.
The prosecution allegation is that the petitioners being the husband and his relatives subjected the defacto complainant to cruelty and harassment. The petitioners allegedly harassed the defacto complainant with a view to obtain more money from the defacto complainant.
The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they are implicated in the crime.
The learned Public Prosecutor would submit that investigation of the case is in progress and interrogation of the petitioners is absolutely necessary for the furtherance of the investigation. Therefore, the grant of anticipatory bail may hamper the investigation of the case.
Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the detention of the petitioners during the period of investigation is not necessary in this case.
In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. After interrogation and in the event of them being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) They shall not influence or intimidate witnesses or tamper with evidence;
(ii) They shall appear before the investigating officer as and when called for; and
(iii) During the bail period, they shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.