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Justice N. Anil Kumar of the Kerala HC allowed an application regarding anticipatory bail following the provisions under Section 438 of the Code of Criminal Procedure, 1973.
The applicant for the anticipatory bail was accused of Crime no. 2227 of 2019 in the Kollam District, under the jurisdiction of Sasthamkotta Police Station. The accused was charged with offences punishable under the provisions of Section 498-A of the Penal Code.
In the present case, the complainant married the accused on 5/11/2018. After the marriage, the wife submitted that she stayed for 3 months with the accused in his matrimonial home. During this span, the wife complained that she was treated with cruelty. The police, based on this complaint, filed a petition before the District Police Chief, Kollam.
Note was also taken of the fact that the accused had filed O.P. No. 982 of 2019 in the Family Court where he had charged the wife of appropriating the gold ornaments entrusted to her by the family of the accused.
Hearing the contentions of both the parties, the Court conclude that this was purely a matrimonial case and the Original Petition was pending in the Family Court. The Court granted that in case he gets arrested, the petitioner can be granted bail on the conditions that:
Sunil Kumar v. State of Kerala, Bail Appl. No. 9283 of 2019
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