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2025 Supreme(Online)(Ker) 44071

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



Advocates:
For the Appellants/Petitioners: SRI.V.VISAL AJAYAN, SHRI.FRANCIS THENAMPARAMBIL
For the Respondents: SMT. SREEJA V., PUBLIC PROSECUTOR

Anticipatory bail can be granted in serious allegations, balancing the gravity of charges with the rights of the accused under specific conditions.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - The petitioners, accused of dowry harassment, sought pre-arrest bail. The court found the allegations serious but granted anticipatory bail, subject to specific conditions. The court underlined the importance of ensuring no interference with the investigation. (Paras 2, 6, 7)

(B) Harassment and dowry - It was contended that the petitioners were falsely implicated in the context of a matrimonial dispute. The court allowed the bail application while acknowledging the serious nature of the allegations. (Paras 3, 4, 5)

Facts of the case:
The petitioners, related to the de facto complainant, were accused of harassment linked to dowry demands.

Findings of Court:
The court found a balance between the allegations and the need to grant bail, imposing conditions to protect the process.

Issues: The main issue concerned the validity of the allegations and the appropriateness of granting anticipatory bail under the circumstances.

Ratio Decidendi: The court emphasized that anticipatory bail can be granted even in serious allegations, provided safeguards are in place to ensure compliance and non-interference with ongoing investigations.

Result: The application is allowed, and anticipatory bail is granted with conditions.

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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