NISI N. MATHEWS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused 2 and 3 among the 4 accused in the instant Annexure A1 Crime No. 1329/2019 of Ezhukone Police Station which has been registered for offences punishable under Section 498A of the IPC, pursuant to the directions issued by the learned Magistrate under Section 156(3) of the CrPC based on the allegations disclosed in the private criminal complaint filed by the 2 nd respondent lady defacto complainant. Accused No.1 is the husband of the

(2.) nd respondent lady defacto complainant. The petitioners herein (A2 and A3) are the mother and elder brother respectively of A1. Accused No.4 is the wife of the 2nd petitioner (A3). 2. The brief of the prosecution case is that, after the marriage between A1 and the 2nd respondent lady defacto complainant on 14/07/2014, while she was staying along with accused persons, accused 1 and 2 had taken a total amount of Rs.11 lakhs from the 2 nd respondent and had misappropriated it and have also taken her gold ornaments and have misappropriated it and that the accused persons had consistently treated her with cruelty and harassment and had demanded that she should bring more money and gold ornaments and used to harass her stating that the dowry amount brought by her was less and that A1 had refused to continue the marital life and A1 had refused to take medical treatment for his reproductive problems and that the accused persons have thereby committed the above said offences.

(3.) The counsel for the petitioners would point out that the above said allegations are false and baseless and that the petitioners would fully co-operate with the investigation process and that this Court may order to grant him anticipatory bail subject to any stringent conditions. Learned prosecutor and the learned counsel appearing for the 2 nd respondent lady defacto complainant have opposed the plea for anticipatory bail. Learned counsel appearing for the 2 nd respondent would point out that accused No.1 is still abroad and has not come back to India and that two levels of mediation processes were effected at the instance of the Sessions Court, Kollam at the time of consideration of the anticipatory bail application filed by the petitioners herein and the accused persons have taken an adamant stand though the 2nd respondent had made certain reasonable suggestions for effecting compromise and that the intention of the accused persons, more particularly A1 is to prolong the legal proceedings now pending before the Family Court as well as before the Domestic Violence Court. Further that based on the complaints filed by the 2 nd respondent, now Calender Case CC No.345/2019 is pending before the Chief Judicial Magistrate's Court, Thiruvananthapuram for offences punishable under Sections 67(A) of the Information Technology Act, in which the accused persons therein is the A1 herein (husband of the 2nd respondent).