Sreehari C And Ors vs State Of Kerala

Application for pre-arrest bail.

The petitioners are accused Nos.1 to 4 in Crime No.0271/2020 of Pothukal Police Station, Malappuram District registered for the offences punishable under Section 498A, 406 r/w Section 34 of the IPC.

Apprehending arrest and torture by the police, the petitioners have approached this court with this petition.

The prosecution allegation is that, the 1st petitioner has married the defacto complainant on 6.11.2016 as per the rites and ceremonies of Hindu Marriage Act and they resided together as husband and wife at his residence at Kozhikkode. She was presented with gold ornaments and money by her parents. The petitioners have misappropriated her gold ornaments and money and tortured her physically and mentally, demanding more money and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

It is submitted by the learned counsel for the petitioners that the allegations levelled against the petitioners are absolutely false and baseless. In fact, the 4th petitioner is the sister of the 1st petitioner. Though she is residing away from the residence of the other petitioners', she has been implicated in this false case as an accused at the instigation of the defacto complainant. Because of the minor marital disputes she left the matrimonial home and joined her parents and filed a complaint claiming maintenance. The 1st petitioner also filed a petition for restitution of conjugal rights as he wants to continue with the marriage but the petitioners apprehend arrest and torture by the police. Hence, this application for pre-arrest bail.

On going through the complaint registered by the defacto complainant as well on hearing both sides, I think that custodial interrogation may not be necessary to proceed with the investigation of the case which is well in progress.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on executing separate bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him in writing. They shall co-operate with the investigation of the case.

(iii) The petitioners 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.

(iv) The petitioners 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.