Suresh vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

Apprehending arrest on the accusation of harassment by the petitioner against his wife, the defacto complainant of Cheruthuruthy Police had

registered Crime No.1 of 2021 under Section 498A r/w section 34 of the Indian Penal Code against this petitioner as well the other three accused.

The prosecution allegation is that this petitioner had married the defacto complainant in the year 2008 and while they were residing together as

husband and wife, he had appropriated her gold ornaments and money and subjected her to physical and mental cruelty. Thereby, he committed the

alleged offences.

Heard both sides.

It is submitted by the learned counsel for the petitioner that anticipatory bail had already been granted to the petitioners 2 to 4. But now this

petitioner is apprehending arrest, though he is innocent.

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

Considering the nature of the accusation and the present stage of investigation of the case, I think that custodial interrogation of this petitioner may not

be necessary to proceed with the investigation of the case. Therefore, I am inclined to grant pre-arrest bail to this petitioner subject to the following

conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the investigating officer in the event of his arrest.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)He shall co-operate with the investigation and trial of the case.

(iv) He 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) He 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.