Anticipatory bail can be granted in cases involving matrimonial disputes under Section 498A of the IPC if the allegations do not indicate a compelling threat to justice.

ORDER

The petitioners in these cases are accused Nos.1 to 3 in Crime No.1067 of 2023 of Konni Police Station, Pathanamthitta District, alleging commission of offences under Section 498A of the IPC . While the petitioner in B.A.No.8995 of 2023 is the first accused, the petitioners in B.A.No.8824 of 2023 are accused Nos.2 and 3. The allegation against the petitioners is that after the marriage of the petitioner in B.A.No.8995 of 2023 with the defacto complainant, they subjected her to mental and physical cruelty with the demand for dowry and thereby they committed the offences alleged against them.

2. Learned counsel appearing for the petitioners in these cases would submit that there are matrimonial disputes between the petitioner in B.A.No.8995 of 2023 and the defacto complainant, owing to which an original petition seeking divorce was filed by the petitioner in B.A.No.8995 of 2023 before the Family Court, North Paravur as O.P. No.1530 of 2023. It is submitted that after receiving notice of the aforesaid divorce petition, a false case has been registered against the petitioners who are the husband, mother in law and brother in law of the defacto complainant.

Heard the learned Public Prosecutor also.

Having heard the learned counsel for the petitioners in these cases and the learned Public Prosecutor, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions. The allegations against the petitioners are as noticed above. Those allegations do not compel me to hold that the petitioners are not entitled to anticipatory bail.

In the result, this bail application is allowed.

The petitioners shall be released on anticipatory bail, in the event of arrest in Crime No.1067 of 2023 of Konni Police Station subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioners shall appear before the investigating officer in Crime No.1067 of 2023 of Konni Police Station as and when summoned to do so;

(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1067 of 2023 of Konni Police Station;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1067 of 2023 of Konni Police Station may file an application before the jurisdictional Court for cancellation of bail.