Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943 CRIME NO.1681/2021 OF VAZHAKULAM POLICE STATION PETITIONER/ACCUSED NO.1: ARUNKUMAR K.R. AGED 29 YEARS, S/O.REGHU, KANJIRAKKATTU MADOM, GOVINDAVILASOM, MADAKATHANAM P.O., MANJALLOOR, KAPP KARA, ERNAKULAM - 656 670. BY ADVS. THOMAS J.ANAKKALLUNKAL NIRMAL CHERIAN VARGHESE ABHISHEK JOHNY KURIAN ANTONY MATHEW RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SRI.T.R.RENJITH, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 1st accused in Crime No.1681 of
2021 of Vazhakulam Police Station, alleging commission of offences under Section 498A read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that after the marriage of the petitioner with the daughter of the de-facto complainant on 11.12.2020, the petitioner along with the other accused in the case, had mentally and physically tortured the daughter of the de-facto complainant with a demand for more dowry.
3. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted with reference to Annexures 2, 3 and 4 that the
petitioner had supported the daughter of the de-facto complainant in every manner to enable her to migrate to Canada. It is submitted that the brother of the petitioner had also supported the daughter of the de-facto complainant and reference in this regard is made to Annexure 5. It is submitted that the de-facto complainant has now foisted a false case
against the petitioner and his family members.
4. Heard the learned Public Prosecutor also.
5. Having regard to the facts and circumstances of the
case and considering the nature of allegations against the petitioner and considering the materials placed on record, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
6. In the result, this application is allowed and it is
directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.1681 of 2021 of Vazhakulam Police Station, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the investigating officer in Crime No.1681 of 2021 of Vazhakulam Police Station, whenever called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de- facto complainant or any witness in Crime No.1681 of 2021 of Vazhakulam Police Station;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1681 of 2021 of Vazhakulam Police Station may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK