Sijo Thomas vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.695 of 2021 registered for the offences punishable under Sections 498A r/w Section 34 of the

Indian Penal Code, this application for pre-arrest bail.

The prosecution case is that the first petitioner has married the defacto complainant as per the custom of their community as early as on 04.04.2013

and they resided together as husband and wife along with the petitioners 2 and 3, the parents of the first accused at their residence. While so, the

defacto complainant was subjected to severe mental and physical harassment and torture by these petitioners and thereby they have committed the

aforesaid offences.

Heard both sides.

It is submitted by the learned counsel for the petitioner that in fact, the petitioners are totally innocent of the all the allegations levelled against them.

Of course, some martial disputes were there between the first petitioner and the defacto complainant and due to the intervention of the close relatives

and well-wishers they started to live together at his home. But thereafter, on some misunderstanding between the parties again there arose some

problems in their marital life and so there was an intervention by a learned counsel. At that time, she demanded more gold ornaments and money from

the first accused and sought for separation from him. As it was against the terms entered between the parties earlier, the first petitioner has preferred

an O.P before the family court for divorce. Then infuriated by the same, she immediately rushed to the police and filed this false case against this

petitioner and his aged parents. Though the allegations levelled against them are absolutely false and baseless, they apprehend arrest and hence this

application.

The learned Public Prosecutor has no serious objection in allowing this application.

On hearing the learned Public Prosecutor as well the learned counsel for the petitioners, I do not find any material as such to infer that custodial

interrogation of these petitioners are absolutely necessary to proceed with the investigation of the case. Therefore, I am inclined to grant pre-arrest

bail to these petitioner 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.