Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 9TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943 CRIME NO.700 OF 2021 OF VELLARIKUNDU POLICE STATION, KASARGOD DISTRICT PETITIONERS/ACCUSED: 1 P.V.PRADEEPKUMAR AGED 38 YEARS, SON OF RAGHAVAN AMBILARY, KASARGOD DISTRICT - 671 313. 2 OMANA AGED 62 YEARS WIFE OF RAGHAVAN AMBILARY, KASARAGOD DISTRICT - 671313. 3 RAGHAVAN AMBILARY AGED 67 YEARS KASARAGOD DISTRICT - 671313. 4 PRAVITHA AGED 32 YEARS DAUGHTER OF RAGHAVAN AMBILARY, KASARAGOD DISTRICT - 671 313. BY ADV. A.ARUNKUMAR RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY SRI.RANJITH (SR. PUBLIC PROSECUTOR) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.700 of 2021
of Vellerikundu Police Station, Kasaragod District, alleging commission of offence under Section 498A of the Indian Penal Code. The allegation against the petitioners is that after the marriage of the 1st petitioner with the de-facto complainant, she was subjected to mental and physical cruelty with a demand for more dowry and gold. The 2nd and 3rd petitioners are parents of the 1st petitioner and the 4th petitioner is the sister of the 1st petitioner.
3. The learned counsel for the petitioners would submit
that the allegations are totally baseless and false. It is submitted that the 1st petitioner had issued a lawyer's notice regarding the initiation of divorce proceedings and immediately on receipt of the same, the complaint which led to registration of Crime No.700 of 2021 of Vellarikundu Police Station was filed raising false allegations. Reference is made in this regard to Annexures II and III.
4. Heard the learned Pubic Prosecutor also. The learned
Public Prosecutor submits that the 1st petitioner is presently abroad and the application at this instance is not maintainable as there is no apprehension of arrest.
5. The learned counsel for the petitioner submits that the 1st petitioner is proposing to come down to India and he may be arrested when he does so.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to conditions.
7. In the result, this bail application is allowed and it is
directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.700 of 2021 of Vellerikundu Police Station, Kasaragod District, subject to the following conditions: (i)Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;
(ii) Petitioners shall co-operate with the investigation and appear before the investigating officer in Crime No.700 of 2021 of Vellerikundu Police Station, Kasaragod District, whenever called upon to do so;
(iii) Petitioners shall not attempt to interfere with the
investigation or to influence or intimidate the de- facto complainant or any witness in Crime No.700 of 2021 of Vellerikundu Police Station, Kasaragod 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.700 of 2021 of Vellerikundu Police Station, Kasaragod District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK