A person accused of violating a protection order under the Protection of Women from Domestic Violence Act, 2005 may be granted anticipatory bail if they meet certain conditions, such as surrendering before the investigating officer, not influencing or intimidating witnesses, and not committing any offences while on bail.

Headnote:
ANTICIPATORY BAIL - PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 - SECTION 31(1) - VIOLATION OF PROTECTION ORDER - ANTICIPATORY BAIL GRANTED ON CONDITIONS
Fact of the Case:

The petitioner, the husband of the defacto complainant, was accused of violating a protection order obtained by his wife under the Protection of Women from Domestic Violence Act, 2005. The petitioner claimed that the complaint was false and that his parents had filed a police complaint against the defacto complainant for breaking into their room and removing their documents.
Finding of the Court:

The court noted that the petitioner's parents had filed a police complaint against the defacto complainant before she filed her complaint against the petitioner. The court also noted that several cases were pending between the parties before the Family Court.
Issues: Whether the petitioner should be granted anticipatory bail for violating a protection order under the Protection of Women from Domestic Violence Act, 2005.
Ratio Decidendi: The court held that the petitioner was entitled to anticipatory bail on the following conditions: (i) The petitioner must surrender before the investigating officer on or before 25.03.2024 and subject himself for interrogation. (ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer. (iii) Thereafter, the petitioner shall appear before the investigating officer as and when directed. (iv). The petitioner shall not influence or intimidate the witnesses or tamper with the investigation. (v). The petitioner shall not commit any offence while on bail. (vi). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.
Final Decision: The court granted the petitioner anticipatory bail on the above-mentioned conditions.

O R D E R

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure, 1973, filed by the sole accused in Crime No.351 of 2024 of Kodungallur Police Station, Thrissur, registered under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005. 2. The prosecution allegation is that, the petitioner, who is husband of the defacto complainant, violated the protection order obtained by the wife, from JFCM, Kodungallur in M.C No.12 of 2023.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioner would submit that the defacto complainant lodged a false complaint against the petitioner, since, his parents filed a police complaint against her as she broke open their room and removed their documents like bank passbooks, ATM cards, cheque books, PAN cards, etc. Annexure A3 is the copy of the police complaint given by the parents of the petitioner against the defacto complainant herein, on 21.02.2024. Learned counsel for the petitioner submitted that police registered Crime No.351 of 2024 against the petitioner, on her complaint dated 03.03.2024, ie; after his parents filed a complaint against her. It is also submitted that several cases are pending between the parties before the Family Court also. If there is any chance for reconciliation, it will be foreclosed forever, if the petitioner is sent to jail.

In such circumstances, this Court is inclined to allow this petition on the following terms:-

(i) The petitioner is directed to surrender before the investigating ofÏcer on or before 25.03.2024 and subject himself for interrogation. The investigating ofÏcer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.

(ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting ofÏcer.

(iii) Thereafter, the petitioner shall appear before the investigating ofÏcer as and when directed.

(iv). The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

(v). The petitioner shall not commit any offence while on bail.

(vi). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.

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