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Judgment
Petitioner is the accused in Crime No.727 of 2020 registered at Fort Kochi Police Station for offences punishable under Sections 420, 493, 495, 323, 294 (b) and 506(ii) r/w 34 of IPC.
The gist of the prosecution allegation is that, concealing the petitioner's first marriage, he married the de facto complainant on 30.11.2014, with the aid of the other remaining accused and later ditched the de facto complainant, after extracting 35 sovereigns of gold ornaments and Rs.5,40,000/- from her. According to the petitioner, he is innocent and the de facto complainant had married him, fully aware about his early marriage and that the petitioner had not legally divorced his first wife. Learned Counsel for the petitioner submits that, the marriage between the petitioner and the de facto complainant subsisted from 2014 to 2019. According to the learned Counsel, even the children of the petitioner born in his first marriage, had attended their father's second marriage way back in 2014.
Learned Public Prosecutor opposes the prayer for anticipatory bail on the ground that the misappropriated gold and cash are yet to be recovered. It is submitted that the petitioner has not co-operated with the investigation so far, in spite of a notice under Section 41A
Having given any anxious consideration to the facts and circumstance mentioned above, I am of the opinion that custodial interrogation of the petitioner is not required subject to the petitioner co-operating with the investigation. In the result, the bail application is allowed, subject to the following conditions:
(i) Petitioner shall appear before the investigating officer within two weeks.
(ii) The investigating officer shall interrogate the petitioner and in the event of his arrest, shall release him on bail, on the petitioner executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the investigating officer.
(iii) Petitioner shall not get involved in any similar offence during the pendency of the bail and shall not, in any manner, try to influence the witnesses or intimidate them.
(iv) Petitioner shall co-operate with the investigation and appear before the investigating officer as and when summoned.
If any one of the above condition is violated, the investigating officer will be at liberty to approach the jurisdictional court for cancellation of bail.