Sabik vs State Of Kerala

This is an application filed by the husband and mother, who are arrayed as accused in crime No.137/2018 of Perumbavoor Police Station registered at the instance of the de facto complainant, who is none other than the wife of the first accused and the daughter-in-law of the second accused on their apprehension of being arrested by the investigating officer in the said crime. The aforesaid crime was registered against them, alleging commission of the offences punishable under Section 498(A) r/w Section 34 I.P.C.

The allegation against the petitioners was that they have ill-treated the de facto complainant both mentally as well as physically based on demands of more dowry in terms of money and gold ornaments. An F.I.S. was lodged by the de facto complainant raising the allegations and that led to the registration of the crime in question. On the apprehension of the petitioners of being arrested, this application is moved.

According to Sri.B.H.Manzoor, the learned counsel appearing for the petitioners, the allegations are devoid of any basis. According to him, the marriage between the first petitioner and the de facto complainant was solemnised on 24.2.2015 and out of her dislike to stay with the petitioners, she left the matrimonial home and started residing with her parents. According to the counsel, this act of the de facto complainant caused the matrimonial relationship to be strained and several disputes to arise. The attempt of the de facto complainant by lodging the F.I.S. raising serious allegations against the petitioners, is only to harass them and to compel them to arrive at a settlement of matrimonial disputes pending against them. According to the counsel, the petitioners are ready to co-operate with the investigation.

The learned Public Prosecutor resisted the bail application vehemently contending that the allegations are not flimsy ones. According to him, the investigation being at its preliminary stage, the application is not liable to be entertained in favour of the petitioners at present. The learned P.P. has submitted the Case Diary and also a report of the investigating officer for perusal.

I have gone through the case diary. It is relevant to notice that though serious allegations of physical assault are raised, the de facto complainant has no case that she had sustained any injuries. The prosecution has also no such case. Being a matrimonial dispute, this Court does not intend to widen the rift among the parties who are related in marriage by putting the petitioners behind bars for custodial interrogation, so as to hinder the chances of reunion, if any, in future. In the nature of the case, custodial interrogation is totally unwarranted and co-operation of the petitioner with the investigation process would suffice.

In the result, the Bail Application in respect of petitioners stands allowed and a direction is issued to the respondent to enlarge the petitioners on bail in the event of their arrest on execution of bond for `40,000/- (Rupees Forty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer and subject to the following conditions:-

The petitioners shall report before the Investigating Officer in between 9 a.m and 11 a.m on all Tuesdays commencing from 20th March,2018 for a period of three months or till the filing of the final report in the case in question, whichever is earlier.

The petitioners shall make themselves available for interrogation by a Police Officer as and when required and shall co-operate with the investigation process.

The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

The petitioners shall not tamper with the evidence or influence the witnesses.

The petitioners shall not involve in any offence while on bail.

In case of violation of any of the aforesaid conditions, the Investigating Officer shall apply for cancellation of bail in accordance with law.