Sabin vs State Of Kerala

Mary Joseph, J

This application is filed by the petitioner, the husband of the 2nd respondent seeking for anticipatory bail under Section 438 of the Code of Criminal

Procedure. The petitioner is the sole accused in Crime No.207 of 2020 of Ranni Police Station. The crime was registered on the basis of the FIS

lodged by the 2nd respondent.

The allegations were that after the marriage on 07.09.2009, the petitioner continuously demanded more dowry from the 2nd respondent and also ill

treated her. In view of the frequent harassments and demands for more dowry, the parents of the 2nd respondent was compelled to obtain a loan and

to purchase 10 cents of property at Ranni for construction of a house. In the year 2014, a sum of Rs.18 lakhs was obtained from Canara Bank and a

house was constructed in the property purchased. Thereafter, the 2nd respondent was compelled to sell her parental share. It is alleged that the

petitioner has some illicit connection with a lady in his office and on questioning that also, she was assaulted.

In the above circumstances, FIS was lodged by the respondent before the Ranni Police and on it's basis, Crime No.207 of 2020 was registered at

Ranni Police Station, Pathanamthitta. It is submitted by the learned counsel that the allegations are devoid of merits and the petitioner is innocent.

The learned Public Prosecutor has submitted that apart from the offences referred to in the Bail Application offences under Section 3 of the Dowry

Prohibition Act, 1961 and 403 IPC were also added into the crime later and investigation is progressing. It is submitted by the learned Public

Prosecutor that evidence of any serious injuries for the respondent are not forthcoming in the case on hand.

This Court finds in the context of the case that custodial interrogation is totally unwarranted. Moreover, detention of a spouse would only worsen

the situation and hamper the possibility of an amicable settlement to be arrived at by the parties at a later point of time.

In the above circumstances, this Court is inclined to allow the application and directs that in the event of arrest of the petitioner, he shall be released

on bail by the arresting officer on execution of a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum

and subject to the conditions hereinbelow mentioned;

The petitioner shall not interfere with the progress of investigation.

The petitioner shall make him available before the Investigating Officer at 10 am on every Mondays commencing from 07/06/2021 for a period of three months or till

the filing of final report, whichever is earlier.

Petitioner shall not be involved in any other crimes.

The petitioner shall not influence the witnesses of the prosecution.

Petitioner shall co-operate with the interrogation by the investigating officer as and when required by him. Violations of any of the conditions will

result in cancellation of bail.