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.
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CRL.M.C. No. 301 of 2008
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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
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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
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