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Judgment
A. Badharudeen, J.
This application for regular bail has been filed by the 1st accused in Crime No.253 of 2024 of Chalissery Police Station, under Section 439 of the Code of Criminal Procedure.
Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary and report of the Investigating Officer placed by the learned Public Prosecutor.
The prosecution case is that the accused herein married the defacto complainant on 21.11.2023 as per the religious rituals. While they were staying together at the matrimonial home, the defacto complainant became pregnant. Thereafter, the 1st accused along with the other accused administered tablets to abort the pregnancy of the defacto complainant and, in turn, the pregnancy was aborted. There is an allegation further that the accused herein demanded more gold ornaments and subjected the defacto complainant to cruelty. On this premise, the prosecution alleges commission of offences punishable under Sections 498(A), 315 of the Indian Penal Code (`IPC’ for short) and Section 5(2), 5(3) of the Medical Termination of Pregnancy Act, 1971.
The learned counsel for the petitioner canvassed regular bail to the petitioner and submitted that the petitioner is absolutely innocent and the allegations are false. While pressing for regular bail, he pointed out that the petitioner has been in custody from 03.05.2024 onwards.
The learned Public Prosecutor opposed grant of bail highlighting the seriousness of the offences and the primitive stage of the investigation.
On perusal of the records available, the prosecution case is well made out, including the abortion, prima facie, as alleged by the prosecution. However, it appears that the investigation has achieved much progress and further custody of the petitioner is not necessary. Therefore, I am inclined to grant bail to the petitioner.
Accordingly, this petition stands allowed and the petitioner can be enlarged on bail on the following conditions:
i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.
ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.
iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.
iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.
v. Accused/petitioner shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.