Sanoosh P.S. vs State Of Kerala

Gopinath P, J

The petitioners are the accused in Crime No.675/2021 of Thenmala Police Station, Kollam District alleging commission of offences under Sections 498A, 323 read with Section 34 of the Indian Penal Code.

The 1st petitioner is the husband of the de facto complainant. The 2nd and 3rd petitioners are his parents and the 4th petitioner is sister. The allegation against that petitioners is that after marriage of the 1st petitioner with the de facto complainant on 15-05-2019 they misappropriated the gold ornaments and other valuables of the de facto complainant and mentally and physically harassed her for dowry. It is also alleged that the 1st accused assaulted and slapped the de facto complainant on several occasions.

The learned counsel for the petitioners submit that the petitioners are absolutely innocent and the petitioners have always treated the de facto complainant with love and care. It is submitted that the 1st petitioner was always willing to lead and happy married life with the de facto complainant, however the de facto complainant was not willing to do so.

The learned Public Prosecutor on instructions submits that the investigation in the matter progressing and if the petitioners are being granted anticipatory bail the same may be on strict conditions to ensure that they will not interfere with the investigation in the matter

Having regard to the facts and circumstance of the case and nature of the allegations against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to conditions. In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.675/2021 of Thenmala Police Station subject to the following conditions:-

(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the Investigating officer in Crime No.675/2021 of Thenmala Police Station as and when summoned to do so;

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.675/2021 of Thenmala Police Station;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.675/2021 of Thenmala Police Station may file an application before the jurisdictional Court for cancellation of bail.