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Judgment
10 paragraphs · 385 wordsGopinath P, J
The petitioners 1 & 2 are accused in Crime No.1065/2021 of Kumarakom Police Station alleging commission of offences under Sections 323 & 498A read with Section 34 of the Indian Penal Code. The 3rd petitioner is not an accused in that case.
The allegation against the petitioners 1 & 2 is that they harassed the de facto complainant with demands for dowry. The learned counsel for the petitioner would submit that the 1st petitioner is a liver patient and the 2nd petitioner is a cancer patient. It is submitted that the case has been registered surreptitiously by the de facto complainant without arraying her husband (son of the petitioners 1 & 2) as an accused with the sole intention of getting hold of the retirement benefits of the 2nd petitioner.
The learned Public Prosecutor on instructions would submit that the investigation in the matter is progressing and if this court is inclined to grant bail the same may be subject to conditions to ensure that the petitioners co-operate with the investigation.
Having regard to the totality of the facts and circumstances of the case and considering the fact that the petitioners 1 & 2 are undergoing treatment for various diseases, anticipatory bail can be granted to petitioners 1 & 2. The case of the 3rd petitioner need not be considered as she is not an accused in this case.
It is therefore directed that in the event of arrest in Crime No.1065/2021 of Kumarakom Police Station petitioners 1 & 2 shall be released on bail subject to following conditions:-
(i) Petitioners 1 & 2 shall execute bond for a sums of Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court-III, Kottayam;
(ii) Petitioners 1 & 2 shall co-operate with the investigation in Crime No.1065/2021 of Kumarakom Police Station;
(iii) Petitioners 1 & 2 shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1065/2021 of Kumarakom Police Station;
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1065/2021 of Kumarakom Police Station may file an application before this court for cancellation of bail.