AJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenging the order dated 29.7.2020 in Crl.M.P (B.A (T)No.310 of 2020) of the learned Sessions Judge, Pathanamthitta, this appeal has been filed by the petitioners. They are the accused in Crime No.2434 of 2020 of Pathanamthitta Police station registered for the offences punishable under Sections 498A of the Indian Penal Code read with Section 3(1)(r)(s) of Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act (hereinafter referred to as 'the Act' for short).

(2.) The allegation against these petitioners in brief is that the defacto complainant, a member of Scheduled Caste Community, has married the first petitioner as per the rites and ceremonies of Hindu Marriage Act on 10.6.2019. While she was residing at her matrimonial home along with the first petitioner and second petitioner, her mother in law, she was intentionally insulted by the petitioners with the intent to humiliate her as she is member of Scheduled Caste and abused her by calling her caste name. They have also tortured her demanding money from her family and thus they have committed the aforesaid offences.

(3.) Their application for pre-arrest bail was dismissed by the learned Sessions Judge by the order under challenge. Aggrieved by the same this appeal has been filed. It is submitted by the learned counsel for the petitioners that a love affair for a long period of six years culminated in marriage and they were residing together as husband and wife at her matrimonial home. But gradually the relationship has strained and resulted in separation since 21.7.2019. The first accused thereafter filed an O.P before the Family Court, Kottarakara for declaring their marriage as null and void. Thereafter, the second petitioner has also filed a suit before the Munsiff Court and by an order in the I.A filed as 1236 of 2019, the learned Munsiff inter alia restrained the defacto complainant from trespassing into the plaint schedule property or causing mischief in the property scheduled therein. That instigated her to file this false case. So because of her vengeance towards the petitioners with ulterior motive she had lodged this false complaint before the police and thus the crime happened to be registered against them, is their case. Though they are innocent they apprehend arrest and undeserved harassment from the police and hence this appeal.