Edwinson.E vs State Of Kerala

Gopinath P, J

Petitioners are accused in Crime No.731/2021 of Kurathikadu Police Station, Alappuzha District alleging commission of offence under Section 498A of the Indian Penal Code read with Section 34 of the Code.

The 1st petitioner and the de facto complainant got married in the month of December, 2014. The 2nd and 3rd petitioners are parents of the 1st petitioner. It is submitted that after a child was born out of the wedlock the de facto complainant had withdrawn herself from the marital relationship and prevented the 1st petitioner from visiting the child. It is submitted that the 1st petitioner had sent a legal notice on 09-09-2020 calling upon the de facto complainant to return to marital home with the child. It is submitted that when mediation between the parties failed, the petitioner filed O.P (Div) No.84/2021 before Family Court, Kottarakkara for restitution of conjugal rights. It is also submitted that the de facto complainant had left for Qatar to work as a Nurse and had completely withdrawn from all contacts to the 1st petitioner. It is submitted that thereafter on 21-10-2021 a complaint containing vague and unsubstantiated allegations was filed alleging commission of offence under Section 498A of the IPC which led to registration of Crime No.731/2021 of Kurathikadu Police Station.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the fact that the custodial interrogation of the petitioner may not be necessary for investigation in to Crime No.731/2021 of Kurathikadu Police Station, I am of the opinion that the petitioners can be granted anticipatory bail.

In the result this application is allowed and it is directed that the petitioners shall be released on bail, in the event of arrest in connection with Crime No.731/2021 of Kurathikadu Police Station, Alappuzha District 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.731/2021 of Kurathikadu Police Station as and when summoned 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.731/2021 of Kurathikadu Police Station;

(iv) 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.731/2021 of Kurathikadu Police Station may file an application before the jurisdictional Court for cancellation of bail.