ANEESH O.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Application For Regular Bail

(2.) On 04.10.2020 at about 4.30 PM, the applicants in furtherance of common intention, trespassed into the house of the defacto complainant, after having made preparation to cause injury and hurt to the defacto complainant and her son and allegedly stabbed the son of the defacto complainant, on the back with a dangerous weapon like a knife, resulting in a lacerated injury measuring 10x2.5cm and thus attempted to commit murder. The applicants state that they are innocent and the allegations are not true. It is also stated that the applicants have no intention whatsoever to commit murder or cause hurt to either the defacto complainant or her son. The de facto complainant is the mother-in-law of the 1st accused and the victim is his brother-in-law. The wife of the 1st accused had gone for delivery to her parental home. The delivery took place about 90 days ago and the applicants had allegedly gone there to bring her home.

(3.) Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. It is admitted that the applicants do not have any criminal antecedents. The injury that was caused on the back of the defacto complainant's son was a lacerated wound. There is no penetrating stab injury caused with the knife. That indicates that the applicants did not have the intention to commit murder. It is stated that the relationship between the 1st applicant and his in-laws had turned sour and they had an altercation regarding bringing home the newborn child of the 1st accused. It was in a scuffle that the de facto complainant's son happened to be injured. Prima facie, it does not appear to be a well planned or premeditated attempt to murder as contended. Under the circumstances, I find that further incarceration of the applicants may not be necessary. The investigation is almost complete and moreover, the 2nd accused did not have any overt act.