AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 370 wordsApplication for pre-arrest bail.
Petitioners are the accused Nos. 1 to 3 in Crime No.2340 of 2021 of Kadakkal Police Station, Kollam District registered for the offences punishable
under Sections 498A, 324, 323 r/w Section 34 of the Indian Penal Code.
The prosecution case is that the first petitioner is the husband of the defacto complainant. Their marriage was solemnized on 19.06.2008 as per the
rites and ceremonies of Hindu Marriage Act and they were residing together as husband and wife at his residence. While so she was subjected to
harassment both mentally and physically by these petitioners after misappropriating her gold ornaments. Thereby they have committed the aforesaid
offences.
Heard the learned counsel for the petitioners as well the learned Public Prosecutor.
The learned counsel for the petitioners would submit that they have not committed any offence as alleged by the prosecution. But they apprehend
unnecessary arrest and torture by the police and hence this application.
The learned Public Prosecutor would submit that the investigation of the case is well in progress.
On a perusal of the records, I am convinced that the custodial interrogation of these petitioners is not necessary to proceed with the investigation of
the case. Hence this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties
for the like sum each to the satisfaction of the investigating officer in the event of their arrest.
(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) They shall co-operate with the investigation and trial of the case.
(iv) They 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 or tamper with the evidence.
(v) They shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.