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2022 Supreme(Online)(KER) 44679

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
Naveen.N – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.NOUSHAD K.A, PUBLIC PROSECUTOR

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 4 in Crime No.339 of 2022 of Mavelikkara Police Station, Alappuzha District alleging offences under Sections 498A, 294(b), 323 and 506 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, father-in-law and brother-in-law respectively of the defacto complainant, harassed her mentally and physically in pursuance of their demand for dowry and hence, committed the offences.

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 antici

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