FATHIMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners herein are accused 2 to 5 in Crime no. 419/2009 of Fort Kochi Police Station, who are the mother in law, her sister and two daughters in law of the de facto complainant. The allegation against them is that they have committed offence punishable under sections 498a, 120b, 313, 406 and 34 IPC. The case of the prosecution is that the de facto complainant was subjected to cruelty in connection with demand for dowry and that her movable property has been misappropriated by the accused 2 to 5, who are her husband, mother in law, sister of the mother in law and sister's husband. It is the case of the petitioners that the 1st accused, who is the husband of the de facto complainant, and the de facto complainant are now living separately and they have been unnecessarily implicated in the crime and they are absolutely innocent on the allegations.

(2.) IN the nature of the allegations and the progress of the investigation, I think the petitioners can be granted the relief of anticipatory bail.

(3.) IN the circumstances, this bail application is allowed. Following directions are issued under Section 438 Cr. P. C in favour of the petitioners.