Habis Sunil vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

The petitioners are the accused in Crime No.1790/2021 of Pallikkal Police Station, Thiruvananthapuram Rural District alleging commission of offence under Section 498A of the Indian Penal Code.

The 1st petitioner got married to the de facto complainant on 7.7.2019. It is submitted that almost immediately after the marriage, the 1st petitioner returned to his place of employment and shortly thereafter, the de facto complainant left the matrimonial home and returned to her house. It is submitted that the de facto complainant has initiated proceedings before the Family Court, Attingal for return of gold ornaments etc., and for maintenance. It is submitted that though, on return to India, the 1st petitioner requested the de facto complainant to rejoin him, she refused and thereafter, the information which led to registration of above crime was given. The 2nd petitioner is the mother of the 1st petitioner and petitioners 3 and 4 are the sisters of the 1st petitioner.

The learned Public Prosecutor on instructions would submit that the investigation in the matter is progressing and if this Court is inclined to grant anticipatory bail to the petitioners, the same may be on strict conditions to ensure that the petitioners do not interfere with the investigation into the crime in any manner.

Having regard to the facts and circumstances of the case and taking into consideration of the nature of the allegations, I am inclined to grant anticipatory bail to the petitioners.

In the result, this application for anticipatory bail is allowed. It is directed that in the event of arrest in connection with Crime No. 1790/2021 of Pallikkal Police Station, the petitioners shall be released on bail subject to the following conditions:-

(i) The 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) The petitioners shall report before the investigating officer in Crime No. 1790/2021 of Pallikkal Police Station as and when called upon to do so;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 1790/2021 of Pallikkal 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.1790/2021 of Pallikkal Police Station, Thiruvananthapuram Rural District may file an application before the jurisdictional Court, for cancellation of bail.