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Judgment
13 paragraphs · 321 wordsSophy Thomas, J
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, filed by the accused in Crime No.26 of 2024 of Kottarakkara Police Station, Kollam District, registered under Sections 294(b), 323, 498A and 506(i) of IPC.
The prosecution allegation is that the petitioner, who is the husband of the defacto complainant, subjected her to matrimonial cruelties, both physical and mental, demanding more dowry. Moreover, he physically assaulted her and abused her in filthy language.
Heard learned counsel for the petitioner and learned Public Prosecutor.
Learned Public Prosecutor opposed the bail application.
Learned counsel for the petitioner would submit that the petitioner filed divorce OP against the defacto complainant in December, 2023. In the next month, the defacto complainant lodged this complaint and a false case was registered against him.
The dispute is centered around the matrimonial issues between the petitioner and the defacto complainant.
Since this being a matrimonial dispute, chances of an amicable settlement will be foreclosed forever, if the petitioner is sent to jail. Considering that fact, this Court is inclined to allow this application on the following terms:
(i) The petitioner is directed to surrender before the investigating officer on or before 20.02.2024 and subject himself for interrogation. The investigating officer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.
(ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.
(iii) The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.
(iv) The petitioner shall not commit any offence while on bail.
(v) In case of violation of any of the above conditions, the Jurisdictional Magistrate is empowered to cancel his bail, in accordance with law.