MUHAMMED MEHAROOF.M.C Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner i.e., the husband, 2nd petitioner i.e., the father in-law and the 3rd petitioner i.e., the sister in-law of the complainant have approached this court under Sections 438 of the Code of Criminal Procedure for grant of anticipatory bail for commission of alleged offences punishable under Sections 323 , 324 , 377 , 498A and 406 read with Section 34 of the Indian Penal Code in Crime Case No.211 of 2020, registered with Vazhuthakkadu Police Station.

(2.) The marriage between the 1 st petitioner and the complainant was performed on 04.02.2016, evidenced from the marriage certificate, Annexure A2. The same was performed as per the rites and rituals of Islamic religion. The complainant alleged that the accused 1st petitioner along with his brother in-law, harassed the complainant not only mentally but physically assaulted her resulting into her walking out of the matrimonial home on 03.03.2020. The allegation of retaining the entire gold ornaments have also been levelled.

(3.) Learned counsel for the petitioners submit that there are five accused in the FIR, though the 4th and 5th petitioners are residing abroad, i.e., the husband of the 3rd petitioner and the brother of the 1st petitioner. There is tendency of involving all the family members in the case of the matrimonial dispute between the husband and wife. There is no medical record of causing any alleged assault or injury making out the prima facie case under Section 324 of Indian Penal Code.