Tarique Muhammad vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking anticipatory bail is filed under Section 438 of the Code of Criminal Procedure (“Code†for short) by

the 1st accused in Crime No.104 of 2021 of the Chadayamangalam Police Station registered under Section 498A read with 34 of the IPC.

The de facto complainant is the wife of the petitioner. She alleges that the petitioner along with the other accused subjected the de facto

complainant to cruelty and harassment demanding dowry.

The learned counsel appearing for the petitioner submitted that the allegations are false and frivolous. The parties fell apart due to minor differences

and though earnest efforts were taken to settle the disputes, due to various reasons, the efforts did not materialise. He points out that though the

provision was enacted to check and curb the menace of dowry, in the instant case, the provisions are being misused.

I have heard the learned Public Prosecutor and have gone through the materials which have been made available.

Having considered the submissions, I am of the considered opinion that the allegations levelled against the petitioner do not appear to be grave

warranting arrest and detention of the petitioner, who is the husband of the de facto complainant. I am of the considered opinion that the custodial

interrogation of the petitioner is not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed, however, it shall be subject to the following conditions. The petitioner shall appear before the

investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on

bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order

shall be subject to the following conditions:

(i) The petitioner shall cooperate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period

of one month or till final report is filed whichever is earlier.

(ii) 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 dissuadeÂ

him/her from disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.