HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
JOBIN K JOHNSON – Appellant
Versus
STATE OF KERALA – Respondent
O R D E R
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973 .
2. Petitioner is accused No. 1 in Crime No.1179/2022 of Kottarakara Police Station, Kollam District alleging offence under Section 323 and Section 498A read with Section 34 of the Indian Penal Code, 1860 .
3. The prosecution case is that the accused No.1, who is the husband of the de facto complainant, along with accused Nos. 2 and 3 harrassed her mentally and physically in pursuance of their demand for dowry. It was also alleged that on 23.12.2020 at about 8.30 p.m., the petitioner slapped her cheek and the accused persons dragged her into the bed room and assaulted her demanding more dowry and thereby, committed the offence alleged.
4. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter and that he is 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 petitioner, I am of the opinion that the petitioner can be
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