Usha Kumari vs State Of Kerala

Gopinath P., J

This is an application for anticipatory bail.

The petitioners are accused Nos. 1 and 2 in Crime No.546/2023 of North Parur Police Station, Ernakulam District, alleging commission of offences under Sections 498A and 294(b) read with Section 34 of the Indian Penal Code.

The prosecution allegation is that the marriage between the son of the 1st petitioner/1st accused and defacto complainant was solemnized on 10-11-2021, without the consent and will of the 1st petitioner and her family and thereafter both the accused namely the mother and sister of the husband of the defacto complainant harassed the defacto complainant and thereby committed the above offences.

The learned counsel appearing for the petitioners would submit that the son of the 1st petitioner/1st accused and the defacto complainant are living together happily as husband and wife. It is submitted that merely on account of the fact that petitioners had objected the marriage of the defacto complainant and the son of the 1st petitioner/1st accused, unnecessary allegations have been raised, as a result of which the aforesaid crime has been registered alleging commission of offences under Section 498A and Section 294(b) of the Indian Penal Code. It is submitted that the petitioners are totally innocent in the matter. It is submitted that at any rate the custodial interrogation of the petitioners is not necessary in the facts and circumstances of the case.

Heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the view that the petitioners can be granted bail subject to conditions

In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in Crime No.546/2023 of North Parur Police Station, Ernakulam District subject to the following conditions:-

(i) Petitioners shall execute bond for sums of Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioners shall appear before the investigating officer in Crime No.546/2023 of North Parur Police Station, Ernakulam District as and when called upon to do so;

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.546/2023 of North Parur Police Station, Ernakulam District;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.546/2023 of North Parur Police Station, Ernakulam District, may file an application before the jurisdictional Court for cancellation of bail.