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Judgment
13 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.
Petitioner is the 1st accused in Crime No.1764/2022 of Ettumanoor Police Station, Kottayam District alleging offence under Section 498A r/w Section 34 of the Indian Penal Code, 1860.
The prosecution case is that the first accused, who is the husband of defacto complainant, along with other accused, harrassed her mentally and physically in pursuance of his demand for dowry and hence, committed the offence.
The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter and that he is falsely implicated in the 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 against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.1764/2022 of Ettumanoor Police Station subject to the following conditions:-
(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(ii) Petitioner shall appear before the investigating officer in Crime No.1764/2022 of Ettumanoor Police Station as and when required.
(iii) Petitioner shall not attempt to contact the defacto complainant or interfere with the investigation or influence or intimidate any witness in Crime No.1764/2022 of Ettumanoor Police Station.
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1764/2022 of Ettumanoor Police Station may file an application before the jurisdictional Court for cancellation of bail.