ISHAQ Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The applicants herein are husband and wife. They are arrayed as the accused Nos.1 and 2 in Crime No.80 of 2018 registered at the Pothukal Police Station, under Sections 468, 465, 471 and 420 r/w. Section 34 of the IPC. They seek an order of pre-arrest bail.

(2.) The de facto complainant is the former husband of the 2nd applicant. According to the complainant, the 2 nd applicant had eloped with the 1st applicant, who is a rubber tapper by profession. The daughter of the 2nd applicant, who is aged 17 years, is with the accused. The applicants with devious intent applied for correction of name of father in the birth certificate of the minor daughter before the Registrar of Birth and Death, Manjeri Municipality. In the said application, they have stated that 1st applicant is also known as Sideequ Paruthikunnan, though he is not known by such name. The applicants have also managed to obtain certificates from the Principal of the school, and the village officer stating that the 1st applicant and the de facto complainant are one and the same person.

(3.) The learned counsel appearing for the applicants submitted that the allegations are not true. The 2 nd applicant and the de facto complainant are fighting in the Family Court for getting custody of the minor daughter. The instant crime has been registered only to humiliate and harass the applicants.