V.G.Arun, J
1. Petitioners are the accused in Crime No.580 of 2023 of Kadavanthra Police Station. The crime was registered for the offence punishable under Section 498A of the Indian Penal Code on the basis of the complaint submitted by the 1st petitioner’s wife. The 2nd petitioner is the mother of the 1st petitioner. In the complaint, it is alleged that the petitioners used to harass the de facto complainant demanding more amount towards dowry.
2. Learned Counsel for the petitioners submitted that even as per the allegations in the FI Statement, the offence under Section 498A is not made out and there is no allegation of any physical assault. Moreover, the marriage subsisted for more than 11 years and two children are born out of the wedlock.
3. I heard the learned Public Prosecutor also.
4. Taking note into account the fact that the marriage was solemnised wayback on 18.08.2012 and two children are born out in the wedlock, the allegation regarding commission of offence falling under Section 498A has to be probed in detail. For that, custodial interrogation of the petitioners is not required.
In the result, the Bail Application is allowed and the following directions issued:-
i) The petitioners shall surrender before the Investigating Officer within two weeks.
ii) On surrender, they shall be interrogated and in the event of their arrest, released on bail on executing bonds for Rs.25,000/- each, with two solvent sureties for the like amount to the satisfaction of the Investigating Officer.
iii) The petitioners shall co-operate with the investigation and shall not intimidate the de facto complainant or influence the witnesses in any manner.
