Sooraj vs State Of Kerala

C.Pratheep Kumar, J

This is an application for anticipatory bail filed under Section 438 Cr.P.C by accused Nos.1 to 3 in Crime No.182 of 2024 of Kodumon Police Station. The offences alleged against the petitioners are under Sections 498A, 323, 506 r/w 34 IPC.

The Prosecution case is that the 1st accused married the defacto complainant on 7.12.2022 as per religious rites and ceremonies. While they were living together as husband and wife, he along with accused persons 2 and 3 subjected her to cruelty demanding more dowry, pledged her 12 sovereigns of gold ornaments, appropriated patrimony of Rs.2 Lakhs and intimidated her.

The application was opposed by the learned Public Prosecutor.

According to the learned counsel for the petitioners, the petitioners are innocent and that they have been falsely implicated in the case. Therefore, he prayed for allowing the application.

The main allegation against the petitioners is that they have subjected the defacto complainant to cruelty both physically and mentally. There is no serious allegations of physical torture against the petitioners. In the above circumstance, I am inclined to allow this application.

In the result, this application is allowed subject to the following conditions:-

(i) Petitioners shall be released on bail on executing bond for Rs.50,000/- (fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the trial court, in case he is arrested in connection with the above crime.

(ii) Petitioners 1 and 2 shall report before the Investigating Officer on every Monday between 10.00 and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.

(iii) Petitioners shall co-operate with the investigation and he shall not intimidate or influence the witnesses or tamper with the evidence.