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2013 Supreme(Ker) 508

S.S.SATHEESACHANDRAN
Prema – Appellant
Versus
State of Kerala, represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:A. Arunkumar, Advocate.
For the Respondents: R1 & R2, T. Asaf Ali, Director General of Prosecution.

Judgment :

1. Petitioner is the second accused in a crime registered at Kasaragod Police Station, which is now under investigation. She has filed the above application seeking her release on bail under Section 439 of the Code of Criminal Procedure (for short 'the Code').

2. Petitioner filed a complaint before police alleging ill-treatment and harassment, both physical and mental, by her husband, his mother and sister. She alleged that two children were born to the spouses in their wedlock and both of them boys are aged 1½ years and five months respectively. While she underwent treatment in a hospital at Mangalore her husband took away the eldest child and, later, informed her that the infant died of illness. A few days earlier he took her with the youngest child to Bombay by train, and during the journey she was in the ladies compartment and her husband with the child in the general compartment. When she reached Bombay, her husband and child were not to be seen and she reported their missing to the railway police. They sent her back to her native place the next day. That night her husband came to the house, manhandled her and left the place taking some articles. The next morning, d






















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