JAFAR P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these bail applications are accused Nos.1 and 4 in Crime No.21/2023 of Feroke Police Station, Kozhikode. B.A. No.2153/2023 is filed by the 1st accused, and B.A.No.1134/2023 is filed by the 4th accused.

(2.) The aforesaid crime was registered based on a complaint submitted by the 2nd respondent in B.A.No.2153/2023 alleging offences punishable under Ss. 498A, 406, 377 and 354 r/w. Sec. 34 of the Indian Penal Code (IPC). The said crime was registered against four persons. The 1st accused is the husband of the defacto complainant, the 2nd accused is the mother of the 1st accused and the 3rd and 4th accused are siblings of the 1st accused.

(3.) The allegations against the accused persons are as follows: The marriage between the 1st accused and the defacto complainant was solemnized by performing Nikah on 30/5/2011, and thereafter the defacto complainant was taken to the residence of the 1st accused on 18/12/2011. Since then, the defacto complainant has been living in the said residence along with the 1st accused and the 2nd accused. In the said wedlock, two children aged 9 and 6 years were born to them. It is alleged that, at the time of marriage, the parents of the defacto complainant had given 50 sovereigns of gold, which was weighed by the 1st accused after the marriage. Thereafter, the 1st accused and his parents used to raise complaints that the gold given to her was not adequate. They used to illtreat the defacto complainant mentally and physically, demanding more gold as dowry. It was also alleged that, out of the 50 sovereigns of gold, 30 sovereigns were already sold by the 1st accused and his parents and thus misappropriated. It is also alleged that, besides the cruelty based on the demand of dowry, the defacto complainant was also subjected to sexual harassment at the instance of the 1st accused. According to her, the 1st accused used to have sexual intercourse against the order of nature by carrying out anal intercourse. The defacto complainant further stated that such kind of sexual intercourse was excruciating and when she objected to the same, she was assaulted. On 7/1/2023, a dispute arose between the 4th accused and the defacto complainant in connection with opening the gate of the house where the defacto complainant was residing. It is alleged that, the 4th accused slapped the face of the defacto complainant, caught hold of her neck and also forcibly pressed on her breast with an intention to outrage her modesty. It is also alleged that the 2nd and 3rd accused also committed ill-treatment of the defacto complainant by demanding more dowry, thereby committing the offences. The complaint was submitted in such circumstances. Earlier, the accused persons submitted Crl.M.C.No.102/2023 before the Sessions Court, Kozhikode, seeking anticipatory bail and the same was disposed of on 25/1/2023 as per Annexure-4. As per the same, anticipatory bail was granted to the accused Nos.2 and 3, but the prayer sought by the 1st and 4th accused were dismissed. These applications were submitted by the accused Nos.1 and 4, in such circumstances seeking pre-arrest bail.