ORDER

Dated 9th September, 2021 The petitioner is the 4th accused in Crime No.789/2021 of Panangad Police Station registered under Sections 322, 325, 354, 509, 294(b), 498A r/w 34 IPC. The prosecution case is that, the marriage between the de facto complainant and the first accused was solemnized on 2.4.2017. The second accused is the mother, the 3rd accused the sister and the 4th accused/petitioner herein is the paternal uncle of the first accused. After the marriage, there are some dowry issues and there is allegation regarding physical and mental torture against the de facto complainant and ultimately this crime happened to be registered against accused No. 1 to 4.

2. The learned counsel for the petitioner submitted that the petitioner is the 4th accused and as per Annexure- A2 complaint filed by the de facto complainant, there is no specific allegation against the petitioner and he would also contend that he is residing in the neighboring house of the first accused. It has also been submitted that the de facto complainant filed a complaint raising allegation against the father of the petitioner on the immediate next day of his death on 20/04/2021 ie, the funeral day of the father-in-law. Copy of the complaint is produced as Annexure-2. Annexure-A is the copy of death certificate of the father of accused and brother of the petitioner herein.

3. The report filed by the SHO states that the investigation is not in over. In the said circumstances if bail is granted to the petitioner, there is possibility of petitioner influencing the witnesses, and threatening them and tampering with the evidence.

4. Petitioner is the 4th accused and paternal uncle of the first petitioner. The dispute is mainly matrimonial issues between the de facto complainant and in laws. In the said circumstances, custodial interrogation of the petitioner is not necessary. Hence, considering the totality of the facts and circumstances, I am of the view that pre-

arrest bail can be granted to the petitioner on the following conditions :

i)The petitioner shall be released, on his executing bond for a sum of Rs.35,000/- (Rupees thirty five thousand only) in the event of his arrest, with two sureties each for the like sum to the satisfaction of the court having jurisdiction.

ii)The petitioner shall make himself available for interrogation by the Police Officer as and when required.

iii)The petitioner 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.

iv)The petitioner shall not commit any offence while on bail.

v)The petitioner shall not influence or intimidate the victim and shall not enter into the jurisdictional limits of the police station where the victim resides.

vi)If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.