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Judgment
14 paragraphs · 346 wordsBechu Kurian Thomas, J
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
Petitioners are the accused in Crime No.363 of 2022 of Poochakal Police Station. The offences alleged against the petitioners are under Sections 498A of the Indian Penal Code, 1860
The prosecution case is that the petitioners had mentally and physically harassed the defacto complainant by alleging that the complainant lacked beauty and the gifts received at the time of marriage was insufficient, thus committing the offences alleged.
Sri.Sasith M.R., learned Counsel for the petitioners submitted that the petitioners are innocent in the matter and that they are falsely implicated in the crime for justifying a matrimonial dispute.
I have heard the learned Public Prosecutor also.
Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions.
In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of arrest in Crime No.363 of 2022 of Poochakal Police Station, subject to the following conditions
i) Petitioners shall execute a seperate bond for a sum of Rs.50,000/ - (Rupees fifty thousand only) each with two solvent sureties each for the like sum.
(ii) Petitioners shall appear before the Investigating Officer in Crime No.363 of 2022 of Poochakal Police Station as and when required.
iii) Petitioners shall not attempt to contact the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.363 of 2022 of Poochakal Police Station.
iv) Petitioners shall not involve in any other crime while on bail.
(vi) The petitioners shall not leave India without the permission of the Court having jurisdiction.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.363 of 2022 of Poochakal Police Station may file an application before the jurisdictional Court for cancellation of bail.