Anticipatory bail can be granted if custodial interrogation is deemed unnecessary, balancing the rights of the accused against the gravity of allegations.

ORDER

This is an application for anticipatory bail.

2. The petitioners are the accused 2 to 4 in Crime No. 642 of 2021 of Nadakkavu Police Station, Kozhikode District, which was registered alleging commission of offences punishable under Sections 498A , 406, 384 & 506 r/w Section 34 of the Indian Penal Code .

3. The allegation against the petitioners is that after the marriage of the de facto complainant with the son of the 1st petitioner/2nd accused, the 1st accused along with the 1st petitioner/2nd accused misappropriated 152 sovereigns of gold ornaments received by the de facto complainant as gift at the time of marriage. It is also alleged that with the help of petitioners 2 & 3 (accused 3 & 4), they misappropriated the properties belonging to the de facto complainant and thereby, they committed the offences alleged against them.

4. The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that they have been falsely implicated in the crime in order to settle other normal matrimonial disputes. It is further submitted that the petitioners had no occasion to harass the de facto complainant in any manner or to misappropriate any property belonged to the de facto complainant.

5. The learned Public Prosecutor and the learned counsel for the de facto complainant would vehemently oppose the grant of bail. It is submitted that in order to coerce the de facto complainant to transfer the valuable property belonging to her in favour of her minor children, a false case was registered alleging that the nephew (sister's son) of the de facto complainant had sexually abused the minor daughter of the de facto complainant and the 1st accused. It is further submitted that after the de facto complainant transferred the property under the threat, the complaint against the sister's son of the de facto complainant was referred on account of the fact that the victim did not come forward to give any statement under Section 164 Cr.P.C. It is submitted that the facts of the case also show that the offence under Section 384 of IPC has been committed and that the petitioners are not entitled to be granted anticipatory bail.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am inclined to grant anticipatory bail to the petitioners. The custodial interrogation of the petitioners may not be necessary for a proper investigation into the matter.

In the result, this application is allowed and it is directed that the petitioners shall be released on bail, in the event of arrest in connection with Crime No. 642 of 2021 of Nadakkavu Police Station, Kozhikode District, subject to the following conditions: (a)Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b)Petitioners shall co-operate with the investigation and shall appear before the investigating officer in Crime No. 642 of 2021 of Nadakkavu Police Station, Kozhikode District, whenever called upon to do so;

(c) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 642 of 2021 of Nadakkavu Police Station, Kozhikode District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 642 of 2021 of Nadakkavu Police Station, Kozhikode District, may file an application before the jurisdictional court, for cancellation of bail.