Wednesday, July 24, 2013

Reasonably Good case for NRIs. 498A + package, Husband abroad, NO injuries, wife alive, bail by Kerala HC !


Reasonably Good case for NRIs. 498A + package, Husband abroad, NO injuries, bail by Kerala HC !



Key learnings / thoughts 
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* accused is employed abroad 
* litigations are pending between the husband and wife in the form of maintenance
* submitted that the petitioners are totally innocent 
* "...In matrimonial cases, it is always desirable that the husband is not send to the jail for the reason that it will block the entire conciliatory process....." : So bail granted !! 
* order shall be in force for a period of two months. 
* other conditions like bail amount etc imposed 



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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM INDIANKANOON SITE 
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Kerala High Court

Musthafa,S/O.Kassim, Aged 35 ... vs State Of Kerala, Rep. By Ther Sub on 25 April, 2008

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 2558 of 2008()

1. MUSTHAFA,S/O.KASSIM, AGED 35 YEARS. ... Petitioner

2. RUKHIYA, W/O.KASSIM, AGED 60 YEARS, Vs

1. STATE OF KERALA, REP. BY THER SUB ... Respondent

For Petitioner :SRI.T.GOPALAKRISHNAN For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice M.N.KRISHNAN Dated :25/04/2008

O R D E R

M.N.KRISHNAN,J

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B.A.No.2558 of 2008

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Dated this the 25th day of April 2008 ORDER

This is an application for bail filed under Section 438 Cr.P.C. 

The accused are alleged to have committed offences under Section 498A of the Indian Penal Code. 

It is submitted that the accused is employed abroad and litigations are pending between the husband and wife in the form of maintenance. It is also submitted that the petitioners are totally innocent of any offence under Section 498A I.P.C. 

In matrimonial cases, it is always desirable that the husband is not send to the jail for the reason that it will block the entire conciliatory process.

There is nothing to show that the infliction of any injury especially that the husband is working abroad. Therefore, I feel the bail can be granted as prayed for. 

The petition is allowed and the petitioners shall be released on bail in the event of arrest by the officer on the following conditions: 

i) The petitioners shall execute bonds for Rs.20,000/- (Rupees twenty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the said officer.

ii)They shall co-operate with the investigation and make themselves available for interrogation as and when required.

iii)This order shall be in force for a period of two months. 


M.N.KRISHNAN,JUDGE

dvs

#498a+package_husband_abroad_bail_allowed 
#husband_abroad_bail_allowed_