Gitta vs State Of Kerala

P. Krishna Kumar , J

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Petitioners are accused Nos.2 and 4 in Crime No.565/2024 of Thiruvambady Police Station.

The above case is registered against the petitioners alleging offences punishable under Sections 406 and 498A of IPC.

The   prosecution   case   is   that   the marriage between the defacto complainant and the 1st accused was solemnised on 12.05.2018. At the time of marriage, the 1st accused received 20 sovereigns of gold ornaments as dowry and he misappropriated the same and further assaulted the defacto complainant on several occasions.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The  learned  counsel  for  the  petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioners with the alleged crime; hence they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the petitioners, and they are not entitled to bail at this stage.

From  the  submission  of  both  sides,  it appears that the investigation of the case is now in an advanced stage. The prosecution records do not show that the petitioners have any criminal antecedents. At present, there are no reasons to hold that the custodial interrogation of the petitioners is unavoidable for the further progress of the investigation, particularly when the parties are husband, wife and in-laws. The anxiety expressed by the learned Public Prosecutor that the accused would interfere with the process of investigation if released on bail, can be addressed by imposing suitable conditions. Having considered the nature of allegations against the petitioners and the present stage of the investigation, it is only just and proper to release the petitioners on bail, in the event of their arrest.

In   the   result,   the   application   is allowed on the following conditions:

(i) In the event of arrest, the petitioners shall be released on bail on execution a bond for Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The  petitioners  shall  appear  before the investigation officer as and when a notice in writing is issued in this regard by the investigating officer.

(iv) The petitioners shall not commit any offence of a like nature while on bail.

(v) The  petitioners  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 and they shall not tamper with the evidence.

(vi) The   petitioners   shall   not   leave Kerala without the permission of the trial court.

(vii) The application, if any, for detention/modification of the bail conditions or cancellation of bail on the ground of violating the bail conditions can be entertained by the jurisdictional court, if it is found necessary.