GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 2 & 3 in Crime No.1330/2021 of Aluva Police Station, Ernakulam District alleging commission of offences under Sec. 498A read with Sec. 34 of the Indian Penal Code. The other accused in the case are the husband of the de facto complainant (1st accused) and sister of the 1st accused (the 4th accused).

(2.) The learned counsel for the petitioner submits that the marriage between the de facto complainant and the 1st accused (son of the petitioners herein) was solemnized on 29/3/2017. It is submitted that the 1st accused has filed a petition before the Family Court, Ernakulam seeking restitution of conjugal rights in the month of June, 2021. It is submitted that possibly on coming to know of the filing a petition for restitution of conjugal rights an unsigned complaint was filed by the de facto complainant seeking to extract a huge sum from the petitioners other family members. Thereafter in the month of July, 2021 the First Information Statement in Crime No.1330/2021 was given alleging commission of offences under Sec. 498A read with Sec. 34 of the IPC. The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter and the complaint has been filed purely as a pressure tactic. It is also submitted that the petitioners are aged 72 and 66 respectively and they suffer from age related diseases and their custodial interrogation is not necessary in the facts and circumstances of the case.

(3.) The learned Public Prosecutor on instructions would submit that the investigation in the matter is progressing and that if this court is inclined to grant anticipatory bail to the petitioners the same may be with conditions to ensure that they do not interfere with the investigation in any manner. Though the de facto complainant was earlier represented through counsel it is reported that the learned counsel has now relinquished vakkalath.