PRAVEEN K Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under section 438 Cr.P.C., the petitioners who are husband, father-in-law and mother-in-law of the de facto complainant by name Sunitha, seek anticipatory bail. Petitioners are accused 1 to 3 in Crime No.422/06 of Nadakkavu Police Statioin for offences punishable under sections 498A and 406 IPC.

(2.) The marriage between Sunitha and Praveen, both of whom are from respectable families and highly qualified, was solemnised on 28.4.2006. Sunitha is aged 27 and the first petitioner is aged 32. It is really unfortunate that the marriage soon fell into rough feather resulting in the separation of the marital partners on 10.10.2006. Both of them, as usual, indulged in recriminatory exercises. While Sunitha in her complaint would allege physical and mental torture including an allegation of impotency on her husband and also appropriation of her gold ornaments and cash, Praveen would allege frigidity and mental disturbance in his wife. The husband has already moved the Family Court on 30.10.2006 for nullity of marriage on the ground of frigidity. It was thereafter on 22.12.2006 that Sunitha lodged the present complaint before the Police. B.A.NO.16/07 Page numbers

(3.) Opposing the application, Advocate Shri N.Bhaskaran Nair, counsel appearing for the de facto complainant submitted that the husband is guilty of unpardonable conduct in procuring a medical certificate to the effect that Sunitha is suffering from psychosis which according to him is a very serious offence and indicates the extend to which the husband is prepared to go to spoil the reputation of his wife.