SUBAIR ABDURAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has come to this Court with a prayer to invoke the powers under Sec.482 of the Cr.P.C. to ensure his release from custody. He faces indictment in a prosecution, inter alia, under Secs.406 and 498A of the IPC. He was arrested and detained in custody. He applied for bail. The learned Magistrate directed release of the petitioner on bail subject to conditions. Inter alia, a condition was imposed on the petitioner that he must deposit the entire amount of maintenance due to the de facto complainant - his wife, before the Family Court. The impugned order was passed on 17/1/07. The petitioner is in custody. He is unable to raise the amount. In these circumstances, he is constrained to continue in custody. In these circumstances, the short prayer that is made before me is that the said condition may be deleted or, at least, modified to ensure that the petitioner is able to come out of prison and attempt to discharge his liability.

(2.) The jurisdiction which is sought to be invoked is the one under Sec.482 of the Cr.P.C. Has justice failed? Is there miscarriage of justice? This is the crucial consideration in a petition under Sec.482 of the Cr.P.C. I find that the learned Magistrate has done nothing wrong which requires interference invoking the powers under Sec.482 of the Cr.P.C. in directing payment of the amount. However, I am satisfied that the petitioner can be given time after his release from custody to pay such amount.

(3.) In the result: