Anticipatory bail can be granted if allegations lack medical and substantial evidence.

ORDER

Dated this the 7th day of July 2020 The 1st petitioner i.e., the husband, 2nd petitioner i.e., the father in-law and the 3rd petitioner i.e., the sister in-law of the complainant have approached this court under Sections 438 of the Code of Criminal Procedure for grant of anticipatory bail for commission of alleged offences punishable under Sections 323 , 324, 377, 498A and 406 read with Section 34 of the Indian Penal Code in Crime Case No.211 of 2020, registered with Vazhuthakkadu Police Station.

2. The marriage between the 1st petitioner and the complainant was performed on 04.02.2016, evidenced from the marriage certificate, Annexure A2. The same was performed as per the rites and rituals of Islamic religion. The complainant alleged that the accused 1st petitioner along with his brother in-law, harassed the complainant not only mentally but physically assaulted her resulting into her walking out of the matrimonial home on 03.03.2020. The allegation of retaining the entire gold ornaments have also been levelled.

3. Learned counsel for the petitioners submit that there are five accused in the FIR, though the 4th and 5th petitioners are residing abroad, i.e., the husband of the 3rd petitioner and the brother of the 1st petitioner. There is a tendency of involving all the family members in the case of the matrimonial dispute between the husband and wife. There is no medical record of causing any alleged assault or injury making out the prima facie case under Section 324 of Indian Penal Code .

4. On the other hand, learned counsel for the State opposes the bail application on the ground that, it is a tendency among the family members to cause mental and physical harassment of married ladies and the instant case is of such kind and urges this court for dismissal of the bail application.

5. In rebuttal it is argued that, as and when the complainant left the matrimonial home, 1st petitioner had sent a legal notice dated 01.06.2020 for his conjugal rights. As a fall out of that notice, an FIR has been registered on

12.06.2020.

6. I have heard learned counsel for the parties and of the view that the petitioners are entitled to get the anticipatory bail. The allegation in the FIR is yet to be proved by getting evidence, which would be a matter of trial. But for the time being, in the absence of any medical record of alleged assault, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

(1) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(2) The petitioners shall provide their mobile numbers and email ids to the investigating officer.

(3) The petitioners shall report before the investigating officer as and when required by the investigating officer. However, the investigating officer shall call them only by providing a notice under Section 160 of Code of Criminal Procedure .

(4) The petitioners shall not leave the country without the permission of the concerned court.

7. It is made clear that any observation made above shall not be construed as an expression of opinion on the merits of the matter to be proved in trial.

The bail application stands allowed in the aforementioned terms.