Kokakutty Pallathu Puthanpurayil Muhammed vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

Petitioners are the accused in Crime No.792/2023 of Guruvayoor police station, Thrissur district, alleging commission of offences under Sections 406 and 498A r/w. 34 of the Indian Penal Code.

The  1st   petitioner  is  the  husband  of  the  de  facto complainant. Allegation against the petitioners is that, from 15.01.2004 to 18.09.2023, and after the marriage of the 1st petitioner with the de facto complainant, the petitioners have subjected the de facto complainant to cruelty, both mental and physical. It is also alleged that the 1st petitioner misappropriated the some amounts belonging to the de facto complainant and thereby, they committed the offences alleged against them.

Learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter and the allegations have been raised only to settle other matrimonial disputes between the 1st petitioner and the de facto complainant and there has been no occasion for the petitioners to commit the offences alleged against them. It is submitted that, at any rate, considering the nature of the allegations, custodial interrogation of the petitioners may not be necessary, for the purposes of the investigation into the crime.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and taking into account the nature of the allegations against the petitioners and also taking note of the fact that custodial interrogation of the petitioners is not necessary for the purpose of any investigation, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.792/2023 of Guruvayoor police Station 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 arresting officer;

(ii) Petitioners shall appear before the investigating officer in Crime No.792/2023 of Guruvayoor Police station as and when summoned to do so;

(iii) The petitioners shall not attempt to contact the de facto complainant or to interfere with the investigation or to influence or intimidate any witness in Crime No.792/2023 of Guruvayoor 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.792/2023 of Guruvayoor police station may file an application before the jurisdictional court, for cancellation of bail.