The court affirmed the use of anticipatory bail under Section 438 of the Code of Criminal Procedure, balancing individual rights against the seriousness of the charges.

O R D E R

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

2. Petitioner is accused No. 1 in Crime No.1179/2022 of Kottarakara Police Station, Kollam District alleging offence under Section 323 and Section 498A read with Section 34 of the Indian Penal Code, 1860 .

3. The prosecution case is that the accused No.1, who is the husband of the de facto complainant, along with accused Nos. 2 and 3 harrassed her mentally and physically in pursuance of their demand for dowry. It was also alleged that on 23.12.2020 at about 8.30 p.m., the petitioner slapped her cheek and the accused persons dragged her into the bed room and assaulted her demanding more dowry and thereby, committed the offence alleged.

4. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter and that he is falsely implicated in the crime for justifying a matrimonial dispute.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.1179/2022 of Kottarakara Police Station subject to the following conditions:- (i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1179/2022 of Kottarakara Police Station as and when required. (iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1179/2022 of Kottarakara Police Station.

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1179/2022 of Kottarakara Police Station may file an application before the jurisdictional Court for cancellation of bail.