Anticipatory bail may be granted when custodial interrogation is deemed unnecessary, especially in cases rooted in marital disputes.

ORDER

This is an application for anticipatory bail.

2. The petitioners are the accused in Crime No.1131/2021 of Cheranelloor Police Station, Ernakulam District alleging commission of offence under Section

498A r/w. Section 34 of the Indian Penal Code .

3. The allegation against the petitioner is that, after the marriage of the 1st petitioner with the 2nd respondent/de facto complainant, they treated her with cruelty and subjected her to mental and physical harassment with a demand for dowry and thereby they committed the offence alleged against them. The 2nd and

3rd petitioners are the parents of the 1st petitioner and the 4th petitioner is his sister.

4. The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter and that the allegations are raised only to settle normal matrimonial disputes. It is submitted that the 1st petitioner has initiated O.P.No.630/2021 before the Family Court, Ernakulam seeking divorce. It is submitted that the 1st petitioner and the 2nd respondent have been living separately from 20.1.2021. Finally, it is submitted that the custodial interrogation of the petitioners is not necessary for a proper investigation into Crime No.1131/2021 of Cheranelloor Police Station.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case, I am convinced that the custodial interrogation of the petitioners is not necessary for a proper investigation into Crime No.1131/2021 of Cheranelloor Police Station. Though the de facto complainant is impleaded as a party to this bail application, considering the nature of the allegations, I am inclined to dispense with notice to the de facto complainant/2nd respondent.

7. In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in Crime No.1131/2021 of Cheranelloor Police Station subject to the following conditions:-

(i) Petitioners shall execute bond for sums of Rs.50,000/- (Rupees fifty thousand only) each 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.1131/2021 of Cheranelloor Police Station as and when summoned to do so; (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.1131/2021 of Cheranelloor Police Station;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1131/2021 of Cheranelloor Police Station may file an application before the jurisdictional Court for cancellation of bail.