Bosma A vs State Of Kerala

Gopinath P., J

This is an application for anticipatory bail.

Petitioners are the accused in Crime No.1147/2021 of Kunnikode Police Station, Kollam district, alleging commission of offence under Section 498A r/w. Section 34 of the Indian Penal Code.

The  1st   petitioner  got  married  to  the  de  facto complainant on 17.08.2015. The allegation against the petitioners is that they treated the de facto complainant with cruelty and subjected her to mental and physical harassment.

Learned counsel appearing for the petitioners submits that the petitioners are absolutely innocent in the matter and that the complaint is raised with an attempt to settle some matrimonial disputes between the 1st petitioner and the de facto complainant.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.1147/2021 of Kunnikode police Station subject to the following conditions:-

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

(ii) Petitioners shall appear before the investigating officer in Crime No.1147/2021 of Kunnikode Police station as and when summoned to do so;

(iii) The 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.1147/2021 of Kunnikode police station;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1147/2021 of Kunnikode police station may file an application before the jurisdictional Court, for cancellation of bail.