IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Crl.MC.No. 293 of 2008() ------------------------ CC.39/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER: ACCUSED 2,3 AND 4 ----------------------------- 1. S.B.KUNJU MULLA BEEVI, AGED 54, W/O. LATE SYED MOHAMMED HAMEED, SAQUAF, DARUL BHARKA, KELOTH P.O., PERINGATHUR, THALASSERY. 2. SAJITHA, D/O. LATE SYED MOHAMMED HAMEED SAQUAF, -DO- 3. S.B.POOKUNJI THANGAL, AGED 52, S/O. IMBICHIKOYA THANGAL, SADATH MANZIL, KELOTH P.O., PERINGATHUR, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: FORMAL PARTY/COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUMBALA POLICE STATION. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 293 of 2008 ========================== Dated this the 28th day of January, 2008. ORDER Petitioners, who are mother-in-law, sister-in-law and mother-in-law's brother of the de facto complainant and who are accused Nos. 2 to 4 in C.C. No. 39/2007 pending for trial before the Chief Judicial Magistrate, Kasaragod for an offence punishable under Section 498A r/w Section 34 IPC, seek to quash the proceedings before the Magistrate. 2. From a perusal of Annexure I FIR and Annexure III charge sheet, it cannot be said that there is no allegation at all against accused Nos.2 to 4 so as to hold that there is no prima facie case for trial against accused Nos.2 to 4. No doubt, they are roped in only by the aid of Section 498 A IPC. But the question as to whether they did instigate the 1st accused to commit matrimonial cruelty is a matter for trial. Merely because there is an allegation, it does not amount to proof as well. But, at the same time in the face of the said allegation, it cannot be said that the charges are absolutely groundless so as to invoke CRL. M.C. NO. 293/2008 : 2 : the inherent power of this Court. Accordingly, the petitioners will have to face the trial. 3. In case non bailable warrants of arrest are pending against them, they can move the Magistrate for regular bail by surrendering before the Magistrate on the date of trial and by filing an application for regular bail. In case they do so, they shall be released on bail on appropriate conditions ensuring their presence during the trial unless the Magistrate exempts all or any of them from appearance on a petition filed under Section 317/205 Cr.P.C. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 293/2008 : 3 :