Kerala High Court: Shircy V., J., rejected the bail application of a doctor and his family accused of dowry demand and cruelty against his wife within seven months of marriage. Calling ‘matrimonial homes the most dangerous place to live’ due to harassment, abuse and torture, the Bench remarked that the number of cases of attack towards married women in our country is alarming, though stringent laws are there and the same has to be stopped for ever.
Apprehending arrest in connection with offences punishable under Sections 294(b), 341, 323, 324, 325, 498(A) r/w 34, the applicant had approached the Court to seek pre-arrest bail. The facts of the case were such that the applicant had been married to the defacto complainant. The complainant contended that she was gifted with gold ornaments, a car, money, as well landed property by her parents; but she was subjected to physical and mental torture as the applicants were demanding more money.
The complainant contended that even her mother-in-law had assaulted her while she was residing in her matrimonial home. When the physical and mental torture became unbearable she contacted her parents so as to return to her paternal house. However, it was the case of the complainant that when her father and brother had come to her matrimonial house to take her, the applicants had wrongfully restrained and assaulted them. Moreover, the complainant was also attacked and sustained fracture when she intervened to rescue them. Her father had sustained severe injuries on his head and spinal cord. Her brother also sustained fracture in the brutal attack.
The applicant argued before the Court that he was a doctor who joined Government service only on 03-05-2021 and that he had been falsely implicated in the case at the instance of the defacto complainant as she wants to shift her residence and to set up a separate residence for herself and her husband-applicant 1.
After pursuing the medical records of the complainant as well as of her father and brother, the Bench stated that all these documents would reveal that they had sustained physical assault and serious injuries from the hands of the applicants. Noticing that the complainant was also a young doctor was manhandled by the applicants within seven months of her marriage and the allegations levelled against the applicants were grave and serious in nature, the Bench stated,
“Harassment, abuse and torture both mental and physical towards married ladies are increasing day by day in our country to pressurize them to bring more wealth to the family of the bridegroom to improve their financial situation. Though so many cases are being registered against husbands and in laws there is no change in the attitude of the society towards married women and family members.”
Hence, the Bench opined that if anticipatory bail is granted to such wrong doers definitely, that will give a ‘wrong message’ to society. The Court stated,
“Even though the applicant 1 is a doctor just started his service in the Government sector and is engaged with Covid duties, I do not think that this is a fit case in which pre-arrest bail can be granted to him.”
In the light of the above, and considering the fact that prima facie, the applicant’s brother and parents also joined to commit the alleged offences, the Bench held that they did not deserve pre-arrest bail as requested. Accordingly, the bail application was rejected with the liberty to the applicants to surrender before the jurisdictional Magistrate and seek regular bail.[Sijo Rajan R v. State Of Kerala, 2021 SCC OnLine Ker 2920, decided on 14-07-2021]
Kamini Sharma, Editorial Assistant has reported this brief.
For the Applicants: Adv. K.Saneesh Kumar
For the Complainants: Advs. Thomas J.Anakkallunkal and Maria Paul
For the State: P.P. Ajith Murali