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Judgment
14 paragraphs · 322 wordsBechu Kurian Thomas, J
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
Petitioners are accused Nos.1 and 2 in Crime No.1053/2022 of Kalamassery Police Station, Ernakulam District alleging offence under Section 498A of the Indian Penal Code, 1860.
The prosecution case is that the petitioners, who are the husband and mother-in-law of the de facto complainant, harrassed her physically and mentally pursuant to their demand for dowry and thus they committed the offence.
The learned counsel appearing for the petitioners would submit that petitioners are absolutely innocent in the matter and that they are 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, I am of the opinion that petitioners can be granted anticipatory bail subject to conditions.
In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in Crime No.1053/2022 of Kalamassery Police Station subject to the following conditions:-
(i) Petitioners shall execute a bond for a sum 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.1053/2022 of Kalamassery Police Station as and when required.
(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.1053/2022 of Kalamassery 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.1053/2022 of Kalamassery Police Station may file an application before the jurisdictional Court for cancellation of bail.