Pre-arrest bail can be granted if the court finds that the circumstances do not warrant the detention of the accused while ensuring cooperation in the ongoing investigation.

ORDER

Dated this the 23rd day of March 2021 Application for pre-arrest bail.

Petitioners are the accused in Crime No.68/2021 of Chombala Police Station, Kozhikode District registered for the offences punishable under Sections 323 , 498A r/w Section 34 of the Indian Penal Code .

2. The prosecution case is that, the 1st petitioner had married the defacto complainant as per the rites and ceremonies of the Hindu community on 02.03.2020 and while they were residing together as husband and wife, she was subjected to both physical and mental cruelty by these petitioners. She was also assaulted by the 1st petitioner and caused injuries to her. Thereby they have committed the aforesaid offences.

3. The learned counsel for the petitioners submit that they were falsely implicated in the case at the instance of the defacto complainant, who is having high influence over the police. But they apprehend arrest and hence this application.

4. The learned Public Prosecutor submits that the investigation of the case is well in progress.

5. Having regard to the nature of the accusations levelled against these petitioners and the other facts and circumstances involved in this case, I am inclined to grant pre-arrest bail to them subject to the following conditions:

(i) Petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of their arrest.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) They shall co-operate with the investigation and trial of the case.

(iv) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.