NRI husband gets bail without visiting India in 498A + package. Kerala HC. NRI please use !!
Key learnings / thoughts
******************************
* 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
http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com
******************************************************************
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). Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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.
******************************************************************
CASE FROM INDIANKANOON SITE
******************************************************************
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
*******************
B.A.No.2558 of 2008
**************************
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.
http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com
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_
PDF file uploaded to http://1drv.ms/1L46jsT
**********
No comments:
Post a Comment