Lintus Gilbert v. State of Kerala
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.