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2022 Supreme(Online)(KER) 44830

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
TOM THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application seeking pre-arrest bail filed under Section

438 of the Code of Criminal Procedure , 1973.

2. Petitioners are accused Nos. 1 to 3 in Crime No.2370/2022 of Pala Police Station, Kottayam District alleging offence under Section

498A and r/w Section 34 of the Indian Penal Code , 1860.

3. The prosecution case is that the accused, who are the husband, mother-in-law and father-in-law respectively of the defacto complainant, harassed her mentally and physically in pursuance of their demand for dowry and hence, committed the offence.

4. The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter and that they are falsely implicated in the crime for justifying a matrimonial dispute.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in

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