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Judgment
13 paragraphs · 339 wordsBechu Kurian Thomas, J.
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.688/2022 of Vatanappally Police Station, Thrissur, alleging offences under Section 498A of the Indian Penal Code, 1860.
According to the prosecution, the accused married the defacto complainant on 21.08.2022 and thereafter physically and mentally harrassed the defacto complainant demanding dowry and also took her nude photographs on the mobile phone and harrassed her and thereby committing the offence alleged against him.
The learned counsel appearing for the petitioner would submit that petitioner is absolutely innocent in the matter and that he is falsely implicated in a 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 petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.688/2022 of Vatanappally Police Station, Thrissur, subject to the following conditions:-
(i) Petitioner shall appear before the Investigating Officer on 14.10.2022 and shall subject himself to interrogation.
(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or influence or intimidate any witness in Crime No.688/2022 of Vatanappally Police Station.
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.688/2022 of Vatanappally Police Station may file an application before the jurisdictional Court for cancellation of bail.