Lintus Gilbert v. State of Kerala

Shabadpreet KaurCase Summary

Anticipatory Bail application in a case involving cheating and cruelty filed by the wife against her husband

Lintus Gilbert v. State of Kerala
In the High Court of Kerala
B.A. 10588/2022
Before Justice Bechu Kurian Thomas
Decided on January 10, 2023

Relevancy of the case: Anticipatory Bail application in a case involving cheating and cruelty filed by the wife against her husband

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66)
  • The Indian Penal Code, 1860 (Section 120B, 420, 494, 498A, 506(ii))
  • The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

  • The petitioner is the first accused and husband of the complainant. He, along with the other accused, harassed the complainant mentally and physically.
  • They also misappropriated a large amount of money and threatened to kill her.
  • Thus, the complainant filed an FIR against the accused.
  • The petitioner has approached the court under Section 438 of the Code of Criminal Procedure, 1973, seeking a pre-arrest bail.

Prominent Arguments by the Advocates

  • The petitioner’s counsel submitted that the petitioner is innocent and is falsely implicated in the crime for justifying a marital dispute.

Opinion of the Bench

  • The petitioner can be granted anticipatory bail subject to conditions, considering the nature of the allegations against him.

Final Decision

  • The court granted the bail.