Anticipatory bail can be granted under Section 438 when allegations do not warrant preemptive detention, provided conditions to protect ongoing investigations are set.

ORDER

This is an application seeking pre-arrest bail filed under Section

438 of the Code of Criminal Procedure , 1973.

2. Petitioners are accused Nos. 1 to 3 in Crime No.2370/2022 of Pala Police Station, Kottayam District alleging offence under Section

498A and r/w Section 34 of the Indian Penal Code , 1860.

3. The prosecution case is that the accused, who are the husband, mother-in-law and father-in-law respectively of the defacto complainant, harassed her mentally and physically in pursuance of their demand for dowry and hence, committed the offence.

4. The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter and that they are falsely implicated in the crime for justifying a matrimonial dispute.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in Crime No.2370/2022 of Pala Police Station subject to the following conditions:- (i) Petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the investigating officer in Crime No.2370/2022 of Pala Police Station as and when required.

(iii) Petitioners shall not attempt to contact the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.2370/2022 of Pala 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.2370/2022 of Pala Police Station may file an application before the jurisdictional Court for cancellation of bail.

BECHU KURIAN THOMAS, JUDGE AJM/23/9/22