K I PAREED Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail under Section 438 of the code of Criminal Procedure. The petitioners are accused 2 to 7 in Crime no. 755/09 of Kalamassery Police Station.

(2.) THE offences alleged against the petitioners are under Sections 409, 498a and 34 of the Indian Penal Code and Sections 2 and 4 of the Dowry prohibition Act.

(3.) THE marriage between the de facto complainant and the first accused took place on 4. 9. 2005. I have perused a copy of the complaint which was made available to me by the learned counsel appearing for the de facto complainant. There are allegations of demand for dowry in the years 2005 and 2006. According to the petitioners, the first accused (husband) and the de facto complainant are residing separately since 2007. The first accused is employed abroad. There is no case for anybody that the de facto complainant was residing with the petitioners at any time after 2007. The first petitioner is the father-in-law, second petitioner is the mother-in-law, third petitioner is the sister-in-law and the fourth petitioner is the husband of the sister-in-law of the de facto complainant. Fifth petitioner is the brother-in-law of the de facto complainant and 6th petitioner is the wife of the 5th petitioner. The husband (first accused) is still employed abroad. He has pronounced Thalaq and it was intimated the de facto complainant.