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2022 Supreme(Online)(KER) 44679

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
Naveen.N – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./3870/2022



Advocates:
SRI.NOUSHAD K.A, PUBLIC PROSECUTOR

The court established that anticipatory bail can be granted when accused face potential false implications, especially in domestic disputes.

Headnote:

Bail - Pre-arrest Bail - Code of Criminal Procedure - Section 438 - Summary: This judgment discusses the provisions under Section 438 of the Code of Criminal Procedure, allowing for anticipatory bail. The court evaluated the nature of accusations under respective sections of the Indian Penal Code, emphasizing the need for such relief given the circumstances of the case.

Fact of the Case:

The petitioners, accused of various offences including dowry harassment under IPC, sought anticipatory bail claiming false implication in a matrimonial dispute.

Issues: Whether the petitioners were entitled to anticipatory bail under the circumstances presented in the case.

Ratio Decidendi: The court ruled that the petitioners should be granted anticipatory bail considering the circumstances and the potential for false implications in domestic disputes.

Final Decision: Anticipatory bail granted to the petitioners with specific conditions.

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 4 in Crime No.339 of 2022 of Mavelikkara Police Station, Alappuzha District alleging offences under Sections 498A, 294(b), 323 and 506 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, father-in-law and brother-in-law respectively of the defacto complainant, harassed her mentally and physically in pursuance of their demand for dowry and hence, committed the offences.

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 arrest in Crime No.339 of 2022 of Mavelikkara 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.339 of 2022 of Mavelikkara Police Station as and when required.

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.339 of

2022 of Mavelikkara Police Station.

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.339 of 2022 of Mavelikkara Police Station may file an application before the jurisdictional Court for cancellation of bail.

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