LAWS(KER)-2019-10-105

P.V.PRASANNA Vs. STATE OF KERALA

Decided On October 17, 2019
P.V.Prasanna Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos.2, 3 & 4 among the 4 accused in the instant Crime No.977/2019 of Thaliparamba Police Station, which has been registered for offences punishable under Secs.498A, 406, 323, 354 & 34 of the IPC, on the basis of FIS given by lady defacto complainant on 7.9.2019 at about 5.25 pm in respect of the alleged incidents which have happened from 7.12.2014 onwards. Accused No.1, who is the husband of the lady defacto complainant in this case is now abroad. The petitioners (A2 to A4) are the mother, father and sister respectively of A1.

(2.) The prosecution case in short is that, after the marriage of abovesaid spouses on 7.12.2014, the petitioners have treated the lady defacto complainant with cruelty and harassment, and that they used to frequently harass the lady by demanding that she lacks beauty, and on 17.8.2019 , A1 to A4 had trespassed into her parental home and demanded that she should agree for divorce, and since she refused it, A1 had slapped on her face and had assaulted her mother, and A3 had caught hold of her by her hair.

(3.) The counsel for the petitioners would point out that the abovesaid allegations are false and baseless, and that the 2 nd petitioner herein (A3) is a senior citizen aged more 65 years, and he is suffering from serious cardiac ailments as evident from Anxs.A4 to A7 medical records, and that the 1 st petitioner (A2) is also suffering from serious ailments as can be seen from Anxs.A2 & A3 medical records, and further that the abovesaid allegations have been made by the complainant against the 2nd petitioner (A3) only to entrap in a false case on account of the matrimonial disputes between the spouses. Accordingly the counsel for the petitioners would point out that this Court may grant anticipatory bail subject to stringent conditions.