RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.185 of 2021 of Chelakkara Police Station registered for the offence punishable under Section 498 A of the Indian Penal Code the petitioner has moved this application under Section 438 of the Code of Criminal Procedure.

(2.) The prosecution case is that this petitioner has married the defacto complainant on 02.12.2001 as per the custom of their community and they resided together as husband and wife till 11.11.2016. While she was residing along with him, she was subjected to both mental and physical cruelty after misappropriating her 15 sovereigns of gold ornaments presented by her parents for her marriage. Thereby he has committed the aforesaid offences.

(3.) The learned counsel for the petitioner has raised a plea of false implication as she was residing with him till separation on 11.11.2016 without any complaints. Thereafter, she left him and preferred a complaint against him on 11.03.2021. In fact, after their separation on 11.11.2016 there was intervention of relatives of both the parties but she refused to join him. So he sent a notice on 24.01.2018 for the restitution of conjugal rights. Thereafter, again there was a mediation talk due to the intervention of relatives of both the parties and as per the understanding between the parties he had taken a residential house to accommodate her and their children. But she did not join him and thereafter he approached the police with a complaint on 14.02.2020 and demanded the money as he had already spent money for availing the rented building. But there was no progress and later he learnt that on 11.03.2021 she preferred this complaint raising false allegation against him. She had alleged that on 23.09.2020 she was assaulted by him on her way back from her work place. In fact, he is totally innocent of the allegations levelled against him but, he apprehends unnecessary arrest and torture by the police and hence this application.