High Court Kerala High Court

Salim vs Shajitha on 4 February, 2008

Kerala High Court
Salim vs Shajitha on 4 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 301 of 2008()


1. SALIM, S/O. MUHAMMEDKUTTY,
                      ...  Petitioner

                        Vs



1. SHAJITHA, D/O. HAMZA,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.B.MOHANDAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/02/2008

 O R D E R
                             V. RAMKUMAR , J.

              ==========================

                   CRL.M.C. No. 301 of 2008

              ==========================

               Dated this the 4th day of February, 2008.


                                  O R D E R

The petitioner, who is the sole accused in Crime No.

319/2005 of Chelakkara Police Station for an offence punishable

under Section 376 IPC and whose case is now pending before the

Judicial First Class Magistrate, Wadakkancherry as L.P.No.

105/2006 in C.P.No. 20/2006, seeks a direction to quash the

proceedings and to release him on bail.

2. The petitioner is the brother of the de facto

complainant’s husband. The marriage between the de facto

complainant and her husband took place in the year 1997 and

her husband was abroad. Alleging that the petitioner promised to

marry her and to look after her and that she had been living with

the petitioner herein for nearly six months and thereafter the

petitioner started ill-treating her, the de facto complainant had

lodged a complaint on 20.08.2005 against the petitioner herein,

her husband and other members of the her husband’s family for

an offence punishable under Section 498 A IPC. It is during the

CRL. M.C. NO. 301/2008 : 2:

period when she was allegedly cohabiting with the petitioner

herein that she alleges that she was raped by the petitioner on

26.02.2004 and the complaint in the present case was lodged on

24.10.2005. According to the petitioner, the matter has since

been settled between the parties also. It is on account of the

pendency of the non-bailable warrants of arrest against the

petitioner that he has approached this Court claiming the above

reliefs. In view of the aforesaid circumstances, I am inclined to

permit the petitioner to surrender before the trial Court and file

an application for regular bail within two weeks from today. In

case the petitioner complies with the above condition, he shall be

released on bail on appropriate conditions. He shall also be

permitted to plead for a discharge in the light of the submission

made on his behalf that the matter has since been squared up

between the parties.

This Crl. M.C is disposed of as above.

V. RAMKUMAR, JUDGE.

rv

CRL. M.C. NO. 301/2008 : 3: