ABU THAHIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for regular bail has been filed by the 1st accused in Crime No.253 of 2024 of Chalissery Police Station, under Sec. 439 of the Code of Criminal Procedure.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary and report of the Investigating Officer placed by the learned Public Prosecutor.

(3.) The prosecution case is that the accused herein married the defacto complainant on 21/11/2023 as per the religious rituals. While they were staying together at the matrimonial home, the defacto complainant became pregnant. Thereafter, the 1st accused along with the other accused administered tablets to abort the pregnancy of the defacto complainant and, in turn, the pregnancy was aborted. There is an allegation further that the accused herein demanded more gold ornaments and subjected the defacto complainant to cruelty. On this premise, the prosecution alleges commission of offences punishable under Ss. 498(A), 315 of the Indian Penal Code ('IPC' for short) and Sec. 5(2), 5(3) of the Medical Termination of Pregnancy Act, 1971.