Sujith And Ors vs State Of Kerala

Application for pre-arrest bail.

The petitioners are accused Nos.1 to 4 in Crime No.29/2021 of Thrissur Police Station registered for the offences punishable under Sections 498A

read with Section 34 of the Indian Penal Code.

The prosecution allegation is as follows:

The first petitioner has married the defacto complainant as per the custom of their community on 26.5.2017 and they resided together as husband and

wife. A child was born to them in the wedlock. While she was residing with him at his residence, she was subjected to torture and harassment by

these petitioners demanding more money and gold and thereby they have committed the aforesaid offences.

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

According to the learned counsel for the petitioners, the first petitioner is the husband of the defacto complainant and due to the marital disputes

between the husband and wife, the defacto complainant left the house with the minor child. Then he approached the Family Court with a petition for

restitution of conjugal rights and also requested for the custody of the minor child. Immediately she had preferred this false complaint against him

implicating his parents and sister to deprive him from securing custody of the minor child. In fact they have not committed any offence as alleged, but

they apprehend arrest and hence, the application.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the request made by the petitioners for pre

arrest bail as the investigation is well in progress.

Having regard to the nature of accusations levelled against these petitioners as well the fact that the investigation of the case is well in progress, I

think that this petition can be considered favourably and therefore this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on executing 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 their 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.