Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 CRIME NO.97/2022 OF KANJIRAPPALLY POLICE STATION, KOTTAYAM PETITIONERS/ACCUSED NOS.1 TO 3: 1 HARISON, AGED 35 YEARS, S/O.JOSEPH, PULLUKATTIL HOUSE, KANJIRAPPLLY, 2 JOSEPH, AGED 55 YEARS, PULLUKATTIL HOUSE. KANJIRAPPLLY, 3 EMILY JOSEPH, AGED 52 YEARS, W/O. JOSEPH, PULLUKATTIL HOUSE, KANJIRAPPLLY, BY ADV JOSY ANTONY RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SRI.M.C.ASHI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. Petitioners are accused Nos.1 to 3 in Crime No.97 of
2022 of Kanjirappally Police Station, Kottayam District, alleging commission of offence under Section 498A of the Indian Penal Code. The allegation against the petitioners is that after the 1 st petitioner married the de-facto complainant on 12.05.2018, the petitioners used to physically and mentally harass the de-facto complainant by demanding more dowry. The 2nd petitioner is the father of the 1st petitioner and 3rd petitioner is the mother of the 1 st petitioner.
3. The learned counsel for the petitioners would submit
that the allegations are completely false. It is submitted that after the marriage of the 1 st petitioner with the de-facto complainant, the de-facto complainant used to quarrel with 1 st petitioner. It is submitted that the de-facto complainant forced the 1 st petitioner to reside independently and when the 1st petitioner did not adhere to the demands of the de-facto complainant, this false complaint has been raised against the 1st petitioner and his parents.
4. I have heard the learned Public Prosecutor also.
5. Having regard to the facts and circumstances of the
case and considering the nature of the allegations against the petitioners, I am of the view that the petitioners can be granted anticipatory bail since their custody may not be required for a proper investigation into Crime No.97 of 2022 of Kanjirappally Police Station, Kottayam District.
6. 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.97 of 2022 of Kanjirappally Police Station, Kottayam District, subject to the following conditions: (i)Petitioners shall execute separate bonds 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 co-operate with the investigation and shall report before the investigating officer in Crime No.97 of 2022 of Kanjirappally Police Station, Kottayam 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.97 of 2022 of Kanjirappally Police Station, Kottayam 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.97 of 2022 of Kanjirappally Police Station, Kottayam District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK