Lalkrishnan vs State Of Kerala

M.R.Anitha, J

This application is filed under Section 438 of the Code of Criminal Procedure, 1973.

Petitioners are accused No.1 to 3 in crime No.948/2021 of Pathanamthitta Police Station, which is registered under Section 498A r/w.34 IPC. First petitioner is the husband of the defacto complainant and their marriage was solemnized on 29.10.2020 as per the Hindu religious rites and ceremonies. Thereafter, while residing at the matrimonial home she had been subjected to continuous mental torture by the petitioners demanding more gold and dowry and ultimately she returned to her parental home on 21.02.2021. Thereby accused committed the offence aforementioned.

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

A report has been filed by the Inspector of Police, Pathanamthitta, fully supporting the prosecution case and further stating that the investigation made so far reveal the commission of offence as alleged by the respondent. It is further stated that accused have to be arrested and more witnesses are to be questioned and charge sheet is yet to be filed. In the said circumstances, if bail is granted to the accused, there is possibility of the accused threatening the witnesses and causing hindrance in the further investigation of the case and also destroying the evidence. Hence he requested for dismissal of the petition.

The learned counsel for the petitioners on the other hand contend that this case is falsely foisted at the instance of the defacto complainant's family. After the marriage they were living together at the parental house of first petitioner. While so, on 21.02.2021 she went to her parental house for attending a PSC test on 25.02.2021 at Pathanamthitta and also for attending a Sudarshana Homam held at the defacto complainant's sister's house on 28.02.2021. Though the first petitioner went on 01.03.2021 to the defacto complainant's parental house for bringing her back to her matrimonial home, the parents of the defacto complainant were not willing to send her back with him for the reason that she had not taken her to honeymoon trip and also not entrusted any money with her while she left her parental home on 21.02.2021. Thereby he sent (Annexure A1) legal notice on 14.04.2021 seeking the defacto complainant to come and reside with him and OP(HMA)No.347/2021 (Annexure A2) was preferred before the Family Court, Chavara for restitution of conjugal rights on 30.04.2021. it is also contended that subsequently as a pressure tactics this crime has been registered against him on 02.07.2021.

Respondent produced report of the SHO and copy of the FIR and FIS. That would show that the FIS was given on 01.07.2021 and FIR was also registered on 02.07.2021. Obviously it is after the sending of Anneuxre A1 notice and filing of Annexure A2 case against the defacto complainant. There is allegation that the marriage was solemnized by informing that he would be obtaining a job as Clerk in MILMA immediately and Rs.10 lakhs and 100 sovereigns of gold was demanded. But only 60 sovereigns of gold ornaments and Rs.10 lakhs was given as dowry. So there is allegation of demand of money and thereby subjecting her to physical and mental cruelty. However there is no allegation of any hospitalisation and it is admitted in the complaint itself that though she was manhandled several times it was not grievous and hence she did not went for medical examination. So also first petitioner is the husband of the defacto complainant, petitioners 2 and 3 are his parents. The marriage was also solemnized only on 29.10.2020. So possibility of reunion cannot be ruled out at this stage. The confinement of the petitioners in jail would stall the whole chances of settlement and reunion. I find it just and proper to grant pre arrest bail to the petitioners on the following conditions:

(i) The petitioners shall be released on bail on executing bond for a sum of Rs.30,000/- (Rupees thirty thousand only) each with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.

(ii) The petitioners shall appear before the investigating officer for interrogation as and when required by him in writing. They shall co-operate with the investigation of the case.

(iii) 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 or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

The Bail Application is allowed accordingly.