Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 PETITIONERS/ACCUSED 1 TO 3: 1 AJAYAN, S/O SASIDHARAN, MEDE THAZHATHATHIL, 2 SASIDHARAN, 3 SARASWATHY, W/O SASIDHARAN, BY ADV M.R.SASITH RESPONDENT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031 AJITH MURALI- P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Apprehending arrest in connection with Crime No.953/2021 of Karunagappally Police Station, Kollam District registered for the offences punishable under Sections 498A, 323 and 34 of the Indian Penal Code, the petitioners have moved this application under Section 438 of the Code of Criminal Procedure.
2. The prosecution case is that the defacto complainant had
married the 1st petitioner as per the custom of their community and they resided together as husband and wife at his residence. She was presented with 21 sovereigns of gold ornaments, an amount of Rs.25,000/- and a scooter by her parents at the time of her marriage. But she was subjected to physical and mental torture by the petitioners demanding more money. She was driven away from his house in the year 2018 and thereafter as a result of certain settlement talk she again started to reside with him. While so on
18.06.2021, these petitioners have assaulted the defacto complainant as well as her parents and thereby committed the aforesaid offences.
3. The learned counsel for the petitioners submitted that they
were falsely implicated in the case at the instigation of the defacto complainant, as the 1st petitioner was not having a cordial relationship with her father for various reasons.
4. The learned Public Prosecutor has submitted that though there is an allegation of assault, no injuries had been sustained by the defacto complainant and her parents.
5. Having regard to the nature of the offences alleged against
these petitioners, the present stage of the investigation as well the other facts and circumstances involved in this case and especially the fact that the defacto complainant and her parents have not sustained any injury in the alleged attack by the petitioners, I am inclined to allow this petition and grant pre-arrest bail as sought for by the petitioners subject to the following conditions :-
(i) Petitioners shall be released on bail on executing a
bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of their arrest.
(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) They shall co-operate with the investigation and trial of the case.
(iv) They 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 or tamper with the evidence.
(v) They shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE mpm