ANEESHKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The petitioner herein is the sole accused in Crime No.2847 of 2019 of the Kundara Police Station. He is accused of having committed an offence punishable under Section 302 of the IPC. The investigation in the case has been completed and the final report has been laid before the committal Magistrate. The petitioner was arrested in connection with the crime on 11.12.2019 and he remains in custody. He had approached this Court earlier and by Annexure-I order, this Court had rejected his application.

(3.) The deceased Shajila was a 42 year old married woman whose husband was working abroad. She is the mother of two children. The prosecution alleges that the petitioner used to constantly harass the lady, abuse her and hurl threats as she did not agree to his request to have a relationship. A crime was registered as Crime No.735 of 2018 at the Kundara Police Station, when the petitioner entered the house of Shino, where Shajila had gone for a party and assaulted her. On 11.12.2019, at about 8.30 am, Shajila came out of her home to see off her children. The petitioner came there on a bike and picked up an altercation with the lady. He carried a sharp cutting weapon and chilly powder with him. When Shajila thwarted his advances, he got down from his bike and chased her down. He is then alleged to have inflicted as many as 40 stab injuries on her body. He is then alleged to have stood his ground to prevent any person from rescuing the lady.