ORDER

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioners are the accused in Crime No.365/2022 of Quilandy Police Station, Kozhikode registered for offences under Sections 341, 323, 324, 308, 506, 294(b) r/w Section 34 of the Indian Penal Code, 1860.

3. The prosecution case is that on 21.05.2022, the defacto complainant and her father went to the matrimonial home to take her dress. However, the accused wrongfully restrained them and assaulted the defacto complainant. The accused also assaulted the father of the defacto complainant with a bottle causing loss of two teeth and thus committed the offences alleged.

4. Smt. Deepa Payyanur, the learned counsel for the petitioners submitted that the petitioners are totally innocent and the issue arises out of a matrimonial dispute. She further pointed out that as per the medical certificate, the loss of teeth was not a fresh injury, but it was an old one, which is now being portrayed as a fresh injury and therefore the petitioners ought to be granted the benefit of pre-arrest bail.

5. Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of pre-arrest bail and pointed out that the offences committed are serious in nature requiring custodial interrogation. It is also pointed out that subsequently Sections 498A and 326 have been added to the FIR.

6. On a consideration of the circumstances arising in the case and on an appreciation of the arguments of either Counsel, though I am of the view that the allegations are serious in nature, custodial interrogation of the petitioners are not required. In view of the above, the petitioners are entitled to be released bail in the event of his arrest on conditions.

7. Accordingly, this application is allowed on the following conditions:

(i) Petitioners shall appear before the Investigating Officer on

30.06.2022 and shall subject themselves to interrogation.

(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the victim or her family members.

(iv) Petitioners shall not commit any offence while they are on bail.

(v) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.