Dinto Varghese vs State Of Kerala

Application for pre-arrest bail. Petitioners are accused Nos.1 and 2 in Crime No.27/2021 of Angamali Police Station, Ernakulam District registered for the offences punishable under Sections 498A r/w 34 of the Indian Penal Code.

The prosecution case is that the 1st petitioner had married the defacto complainant as per the custom of their community on 27.05.2018 and while they were residing together as husband and wife she was subjected to physical and mental torture and harassment by these petitioners demanding more money and gold ornaments. Because of the cruel treatment on their side she had to shift her residence and now they are residing separately for the last more than two years. Thereby these petitioners have committed the aforesaid offences.

The learned counsel for the petitioners submit that the the allegations levelled against them are absolutely false and baseless. In fact the defacto complainant resided with the 1st petitioner at his residence only for a few days, but they were implicated in this false case with ulterior motive. But they apprehend undeserved arrest and hence this application.

The learned Public Prosecutor submits that the investigation is going on smoothly.

Having regard to the nature of the accusations levelled against these petitioners, the fact that the investigation is well in progress, I do not think that custodial interrogation of these petitioners are required for the investigating agency to proceed with the investigation. Hence, this application is allowed subject to the following conditions:-

(i) Petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of their arrest.

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

(iii) They shall co-operate with the investigation and trial of the case.

(iv) They 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.

(v) They 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.