T.C.Mathew vs State Of Kerala

A. Badharudeen, J

This is an application for anticipatory bail, filed by accused Nos. 2 & 3 in Crime No. 725/2021 of Vellarikundu Police Station, Kasaragod, where accused Nos.1 to 3 alleged to have committed offence under Section 498A of the Indian Penal Code.

Heard both sides.

Though the learned Public Prosecutor sought time to produce the report of the investigating officer, it is submitted by the learned counsel for the petitioner that the petitioners are under threat of arrest. He submitted further that the First Information Statement (FIS) given by the de-facto complainant has been produced along with the bail application. He submitted further that nothing stated in the FIS to incriminate the parents also, in this matter.

On perusal of the FIS, no serious allegations, except general allegations of cruelty could be gathered against the petitioners, who are the parents of the 1st accused, the husband of the de-facto complainant, and the allegations are against the first accused/husband of the de-facto complainant.

Having noticed the facts of the case, I am of the view that arrest and custodial interrogation of the petitioners in this matter is not required and therefore, they can be enlarged on bail on conditions and with a direction to co-operate with the investigation.

In the result, this bail application is allowed on the following conditions:-

The petitioners shall surrender before the Investigating Officer on or before 04.01.2022 between 9 a.m. and 11 a.m. On such surrender, the Investigating Officer can interrogate the petitioners and in the event of 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/- 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.

The petitioners shall co-operate with the COVID-19 restrictions.

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 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;

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.