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Judgment
Petitioner is the sole accused in Crime No.28 of 2021 of Poochakkal Police Station registered for offences punishable under Sections 498A and 323 of IPC. The crime was registered at the instance of the second respondent, who is the petitioner's wife. Their marriage was on 26.08.2012 and according to the second respondent, during the subsistence of the marriage, she was treated cruelly by the petitioner and harassed demanding more dowry.
The learned Counsel for the petitioner submitted that matrimonial disputes are subsisting between the petitioner and the second respondent and that, the intention behind filing the complaint is to harass the petitioner.
The learned Public Prosecutor opposed the application. It was submitted that earlier a complaint was filed by the second respondent, which was subsequently settled on the petitioner promising to return the 2nd respondent's gold ornaments.
Having heard the Counsel on either side, I find this to be a case in which custodial interrogation of the accused is not required. Hence, the bail application is allowed subject to the following conditions:
(i) Petitioner shall appear before the investigating officer within two weeks.
(ii) The investigating officer shall interrogate the petitioner and in the event of his arrest, shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like amount, to the satisfaction of the investigating officer.
(iii) Petitioner shall not get involved in any similar offence during the pendency of the bail and shall not, in any manner, try to influence the witnesses or intimidate them.
(iv) Petitioner shall co-operate with the investigation.
If any one of the above condition is violated, the investigating officer will be at liberty to approach the jurisdictional court for cancellation of bail.