IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
NAVEEN CHACKO – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 11747 of 2025 | Crime No. 1302 of 2025
| Table of Content |
|---|
| 1. application for pre-arrest bail under section 438. (Para 2) |
| 2. accusations of dowry harassment against petitioners. (Para 3 , 4) |
| 3. consideration of bail with emphasized conditions. (Para 6) |
| 4. final ruling granting bail with specific terms. (Para 7) |
ORDER
This is an application seeking pre-arrest bail filed under Section
438 of the Code of Criminal Procedure , 1973.
2. Petitioners are accused Nos. 1 to 3 in Crime No.1302 of 2025 of Vaikom Police Station, Kottayam alleging offence under Section 85 r/w.
Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.
3. The prosecution case is that the petitioners, who are the husband, father-in-law and mother-in-law respectively of the de facto complainant, harassed her physically and mentally pursuant to their demand for dowry and thus they committed the offence.
4. The learned counsel appearing for the petitioners would submit that petitioners are absolutely innocent in the matter and that they are falsely implicated in a 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, I am of the opinion that petitioners can be granted anticipatory bail subject to conditions.
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.1302 of 2025 of Vaikom Police Station subject to the following conditions:-
(i) Petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(ii) Petitioners shall appear before the investigating officer in Crime No.1302 of 2025 of Vaikom Police Station as and when required.
(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.1302 of 2025 of Vaikom 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.1302 of 2025 of Vaikom Police Station may file an application before the jurisdictional Court for cancellation of bail.
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