Questions regarding the validity of a marriage in domestic violence cases are for the trial court to resolve; anticipatory bail may be granted in absence of a criminal record.

ORDER

Petitioner is the sole accused in Crime

No.157 of 2014 of Tirur Police Station, Malappuram District, alleging commission of offences under Sections 498A and 406 of the IPC . Allegation against the petitioner is that the petitioner married the defacto complainant and while they were living as husband and wife, the petitioner harassed the defacto complainant mentally and physically and misappropriated the money and gold ornaments of the defacto complainant and thereby he committed the offences alleged against him.

2. Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that even the allegation that the petitioner had married the defacto complainant is false. It is submitted that the petitioner and the defacto complainant were working together in Malappuram District. It is submitted that the petitioner had never borrowed any money from the defacto complainant and he had also no occasion to mentally and physically harass her. It is submitted that since there is no legally subsisting marriage between the petitioner and the defacto complainant and offence under 498A cannot be alleged against the petitioner. It is submitted that the petitioner had never received any summons and therefore was not in a position to appear before the court and take bail.

3. The learned Public Prosecutor submits that the crime was registered in the year 2014 and the final report was filed in the year 2015. It is submitted that the petitioner has been absconding and the petitioner has now come up with this bail application after steps were initiated against the petitioner under Sections 82 and 83 of the Cr.P.C. It is submitted that the matter is now pending as C.C.No.38 of 2015 on the file of the

Judicial First Class Magistrate Court, Tirur.

4. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the opinion that the contention as to whether the petitioner had a legally valid marriage with the defacto complainant etc. are matters to be considered by the trial court. There cannot be any finding in that regard by this Court while considering the bail application of the petitioner. No criminal antecedents are reported against the petitioner and it is the case of the petitioner that he had never received summons from the court and therefore, he was not in a position to appear before the court and seek bail. Therefore, this anticipatory bail application is disposed of in the following manner:

The petitioner shall surrender before the Station

House Officer, Tirur Police Station on or before

21.12.2023. If the petitioner surrenders before the Station House Officer, Tirur Police Station on or before 21.12.2023, the petitioner shall be produced before the Judicial First Class Magistrate Court, Tirur, where C.C.No.38 of 2015 is pending. The said court shall consider any bail application that may be filed by the petitioner on the same day and shall grant bail to the petitioner subject to such conditions as the court may deem fit to impose. Coercive steps against the petitioner shall be kept in abeyance, if the petitioner complies with the condition to surrender before the Station House Officer, Tirur Police Station on or before

21.12.2023.