SANDEEP K. S. , S/O. SUKUMARAN K. N. vs SUB-INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1189

C. S. DIAS
SANDEEP K. S. , S/O. SUKUMARAN K. N. – Appellant
Versus
SUB-INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent

Advocates Appeared:
For the Petitioner: DR. ABHILASH O.U., O.U. ANISH RAJ, UNNIKRISHNA PILLAI P.V.
For the Respondents: ADV RENJITH R., SMT. PUSHPALATHA M.K.

ORDER :

(C.S. Dias, J.)

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an order of pre-arrest bail.

2. The petitioner is the first accused in Crime No.668/2024 of the Thrikkakara Police Station, Ernakulam, which is registered against three accused persons for allegedly committing the offences punishable under Sections 494 and 498-A of the Indian Penal Code ('IPC'). It is reported that during the pendency of this application, the offence under Section 377 of the IPC is also incorporated.

3. The essence of the prosecution case is that, the de-facto complainant got married to the first accused on 4.11.2018. The accused 2 and 3 are the parents of the first accused. Right from the fourth day of the marriage, the accused persons mentally and physically harassed the de-facto complainant by demanding more dowry. They compelled her to sell ten cents of her immovable property that was assigned by her father in her name. However, the de-facto complainant did not yield to the unlawful demands of the accused persons. The first accused abused and intimidated the de-facto complainant for questioning his outside-the-marriage relationship with other wome