Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944 CRIME NO.611/2021 OF CHITTOOR POLICE STATION PETITIONER/ACCUSED:
1 JAYESH V (A1) AGED 33 YEARS S/O VELAYUDHAN,HOUSE NO. 186, KATTANATHODI (H), TOTTAKKARA P.O. OTTAPPALAM, PALAKKAD, PIN - 679102 2 VELAYUDHAN (A2) AGED 75 YEARS S/O SUBRAMANYAN, HOUSE NO. 186, KATTANATHODI (H), TOTTAKKARA P.O. OTTAPPALAM, PALAKKAD , PIN - 679102 3 VIJAYALAKSHMI (A3) AGED 64 YEARS W/O VELAYUDHAN,HOUSE NO. 186, KATTANATHODI (H), TOTTAKKARA P.O. OTTAPPALAM, PALAKKAD, PIN - 679102 4 AJITH (A4) AGED 36 YEARS S/O VELAYUDHAN, HOUSE NO. 186, KATTANATHODI (H), TOTTAKKARA P.O. OTTAPPALAM, PALAKKAD , PIN - 679102 5 KRISHNAVENI (A5) AGED 34 YEARS D/O VELAYUDHAN, HOUSE NO. 186, KATTANATHODI (H), TOTTAKKARA P.O. OTTAPPALAM, PALAKKAD, PIN - 679102 BY ADVS. M.JAYAKRISHNAN AJAYA KUMAR. G
RESPONDENT/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , PIN - 682031 2 STATION HOUSE OFFICER CHITTOOR POLICE STATION, CHITTOOR, PALAKKAD , PIN - 678101 3 INDUMATHY AGED 24 YEARS D/O SATHYANARAYANAN, , SAI ILLAM, VALAMUTTYTHEKKEGRAMAM, CHITTOOR P.O., PALAKKAD , PIN - SRI M.C. ASHI - P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.BADHARUDEEN,J.
----------------- ----------------------------- Dated this the 13th day of May, 2022
O R D E R
Petitioners, who are the husband and relatives of the defacto complainant in Crime No.611/2021 of Chittoor police station seek the relief of pre-arrest bail apprehending arrest in the above crime in their petition filed under Section 438 of Cr.P.C.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
3. The allegation of prosecution is that
the 1st accused, who married the defacto complainant on 09.09.2021 subjected the defacto complainant to cruelty, physically and mentally demanding more dowry. On the basis of the said allegation at the instance of wife of the 1 st accused police registered offence under Section 498(A) read with 34 of Indian Penal Code.
4. The learned counsel for the petitioners
submitted that the allegations of the prosecution are false and no serious overt acts in this matter to detain the petitioners in custody. He offered co-operation in the matter of investigation while pressing for anticipatory bail.
5. The learned Public Prosecutor opposed bail on the submission that serious offence
alleged to be committed by the accused. On perusal of material before this Court, it could be noticed that though general allegations of cruelty, after marriage, could be gathered, no serious overt acts warranting custodial interrogation of petitions being made out.
In view of the matter, investigation is possible even without custodial interrogation. Accordingly this petition stands allowed on the following conditions:- i. The petitioners shall surrender before the Investigating Officer on or before 20.05.2022 between 9 a.m and 11 a.m. on such surrender, the Investigating Officer can interrogate the petitioners and in the event of their arrest, the petitioners shall be produced before the jurisdictional court on the day of arrest itself. On such production, the jurisdictional Magistrate shall release the petitioners on bail, on executing bonds for Rs.50,000/-(Rupees Fifty thousand) each with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate. In case the petitioners fail to surrender before the Investigating Officer, the Investigating Officer is at liberty to arrest the petitioners forthwith. ii. The petitioners shall co-operate with Covid-19 restrictions. iii. The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed, till the final report is filed. The first accused is specifically directed to co-operate with the investigation in the matter of recovery as well. iv. The petitioners, shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioners are specifically directed not to involve in any crimes during the currency of bail and any such involvement or violation of the above conditions, if reported or came to the notice of the court will be a reason to cancel the bail hereby granted.
Sd/- A. BADHARUDEEN JUDGE SAS APPENDIX OF BAIL APPL. 3613/2022 PETITIONERS' ANNEXURES Annexure A1 CITIZEN COPY OF THE FIR IN CRIME NO. 409/2022 OF CHITTOOR POLICE STATION, PALAKKAD DISTRICT DATED 02.05.2022