IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5578 of 2008()
1. ASMA,AGED 58 YEARS, D/O.MAMMOOTTY,
... Petitioner
2. ZEENATH, AGED 36 YEARS, D/O.ASMA,
3. AYISHA, AGED 34 YEARS, D/O.ASMA,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/09/2008
O R D E R
K. HEMA, J.
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Bail Appl.No.5578 of 2008
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Dated this the 19th day of September, 2008.
ORDER
Petition for anticipatory bail.
2. The alleged offences are under Sections 498(A),
323 read with Section 34 IPC. According to prosecution, the de
facto complainant married the first accused and thereafter, they
went to Qatar. The first accused ill-treated the de facto
complainant by leaving her alone in the company of the friends,
which was not liked by the de facto complainant. They came
down to native place on 1.8.2008 in connection with the death of
first accused’ s father Thereafter, she left for her house and she
was brought back to the first accused’s house on 3.8.2008. She
was brutally attacked by the first accused and the petitioners
herein. She was hospitalised also. G.I. Pipe was used for
assaulting her, it is submitted.
3. Learned counsel for the petitioner submitted that this is a
falsely foisted case. The de facto complainant was pregnant while
[B.A.No.5578/08] 2
she came down to the native place. She was medically advised to
take rest. After the death of first accused’s father, his mother was
alone in the house and hence she was asked to stay back at the
first accused’s house. This was not liked by the de facto
complainant and hence she filed this complaint, as instigated by
her brother and uncle, who arranged the marriage, it is
submitted. Petitioners are female members of the family and
they have not committed any offence. It is also pointed out that
wound certificate will show that no weapon was used as alleged.
4. This petition is opposed. Learned Public Prosecutor as
well as the learned counsel for de facto complainant were heard.
It was submitted by them that the allegations in the complaint
reveal the specific role of the petitioners in the offence. It was
pointed out that the wound certificate Annexure-I will disclose
that the alleged assault was by husband, mother in law and the
sister in law. The de facto complainant had sustained contusions
and also fracture. In the nature of allegations made that the de
facto complainant used to be left alone in the company of the
first accused’s friends while in Qatar also amounts to mental
cruelty and the disputes mainly arose because of such activities
of the first accused. Apart from this, there was demands for
[B.A.No.5578/08] 3
dowry also, it is submitted.
On hearing both sides, I do not find it a fit case to grant
anticipatory bail. Allegations are made against petitioners also.
Petition is dismissed.
Sd/-
K. HEMA, JUDGE.
Krs.