Eliyamma Koshy vs State Of Kerala

Gopinath P., J

This is an application for anticipatory bail.

Petitioner is the second accused in Crime No.926 of 2023 of Adoor Police Station, Pathanamthitta, alleging commission of offences punishable under Sections 498A, 321, 325 and 294(b) of the Indian Penal Code read with Section 3(i) of the Dowry Prohibition Act, 1961.

The allegation against the petitioner is that, after the marriage of the petitioner’s son with the defacto complainant, the petitioner as well as her son had physically and mentally harassed the defacto complainant and demanded dowry. It is alleged that the first accused in the case had assaulted the defacto complainant and the second accused (petitioner) had also informed the defacto complainant that, if she brings more dowry, the entire issues can be solved.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that, at the instance of the the petitioner’s son, proceedings for divorce had already been commenced before the Family Court, Pathanamthitta and the same is pending as O.P. (Divorce)No.183 of 2023 to dissolve the marriage between the son of the petitioner and the defacto complainant. It is submitted that the petitioner had also filed O.S.No.196 of 2023 before the Munsiff’s Court, Adoor seeking injunction against the defacto complainant from trespassing into the property of the petitioner. It is submitted that, if the complaint which led to registration of Crime No.926 of 2023 was given much after the aforesaid proceedings were initiated. It is submitted that at any rate, considering the nature of the allegations, custodial interrogation of the petitioner is not necessary.

Heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of the allegations raised against the petitioner and also considering the fact that there are other disputes pending between the petitioner and the defacto complainant and also considering the age of the petitioner, I am of the view that the petitioner can be granted anticipatory bail.

In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.926 of 2023 of Adoor Police Station, Pathanamthitta subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.926 of 2023 of Adoor Police Station, Pathanamthitta as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.926 of 2023 of Adoor Police Station, Pathanamthitta;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.926 of 2023 of Adoor Police Station, Pathanamthitta may file an application before the jurisdictional Court for cancellation of bail.