K.ABRAHAM MATHEW
Jabbar – Appellant
Versus
State of Kerala – Respondent
K.Abraham Mathew, J.—Petitioners are accused 1 and 3 in Crime No. 1033 of 2014 of Binanipuram Police Station registered for the offences under Section 323 IPC and Section 31 of the Protection of Women from Domestic Violence Act, 2005. They are brother and sister. The wife of the first petitioner filed an application against them and the co-accused under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Learned Magistrate passed an interim order on 05.05.2014. The petitioners herein were prohibited from alienating or encumbering the shared household and also from committing “any sort of domestic violence” against the petitioner in the M.C. A case has been registered against the petitioners on the allegation that in violation of the interim order they assaulted the petitioner in the M.C. and thereby they have committed the offences under Section 323 IPC and Section 31(1) of the Protection of Women from Domestic Violence Act. They pray that they may granted anticipatory bail.
2. Section 323 IPC is a bailable offence. The offence under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 is a cognizable and non-bailable offence though it i
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