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Manu M.R And Ors vs State Of Kerala

High Court Of Kerala · Decided on 23 April 2021 · Citation: (2021) 04 KL CK 0157

HON’BLE JUDGES
K. Babu, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 323, 498(A) · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Bail Application No. 940 Of 2021
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Judgment

15 paragraphs · 374 words
1.

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

2.

The petitioners are the accused in Crime No.2663/2020 of Vattappara Police Station. The offences alleged against the petitioners are punishable under Sections 323 and 498A r/w 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3.

The prosecution case:

The 1st petitioner is the husband of the defacto complainant. Their marriage was solemnized on 04.02.2020. Subsequent to the marriage, they were residing together in the matrimonial home. While residing together, the petitioners mentally and physically ill-treated the defacto complainant demanding dowry.

4.

The case of the petitioners is that they have not committed any offences as alleged and they are prepared to co- operate with the investigation.

5.

I heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

6.

The learned counsel for the petitioners submitted that, as the custodial interrogation of the petitioners is not required, the petitioners are entitled to pre-arrest bail.

7.

The learned Public Prosecutor submitted that, the investigation is in the final stage.

8.

Having gone through the materials, this Court is of the view that custodial interrogation of the petitioners is not required.

9.

The materials available lead me to conclude that there is some doubt as to the mens rea of the petitioners in the commission of the alleged acts. There is no possibility of the petitioners to flee from justice. Considering the entire circumstances, I am of the view that the petitioners could establish a prima facie case for getting the benefits contemplated under Section 438 of the Code of Criminal Procedure.

In the result, this Bail Application is allowed as follows :

(i) The petitioners shall appear before the Investigating Officer on 04/05/2021, for interrogation.

(ii) The investigating officer is directed to release the petitioners, on bail, in the event, they are arrested, on their executing bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum.

(iii) The petitioners shall appear before the Investigating Officer as and when required.

(iv) The petitioners shall not interfere with the process of investigation. The petitioners shall not influence or intimidate the witnesses in this case.