CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.263/2019 of Mangalam Dam Police Station, Palakkad, which has been registered for offences punishable under Secs.324 and 308 of the IPC. The crime has been registered on the basis of the FIS given by the lady defacto complainant on 18.11.2019 at about 10.15 pm in respect of the alleged incident which happened on the same day at 2.30 pm. The prosecution case in short is that, the petitioner accused aged 59 years is the husband of the lady defacto complainant aged 55 years and that the petitioner never used to go to work and never used to take care of the financial needs of the family, and he had taken huge loan from a financial institution and he had taken not steps to repay the same, and the son of the petitioner and the lady defacto complainant was repaying the loan liability. Later the lady defacto complainant and the son came to know that the petitioner has made yet another loan application before the financial institution when they sent an official to conduct an enquiry about the financial resources of the petitioner. Thereupon the lady defacto complainant and the son told the financial institution not to sanction any more loans to the petitioner, as otherwise it would be beyond the repaying capacity of the petitioner and his family members. On coming to know that the lady defacto complainant and the son had dissuaded the financial institution in sanctioning loan to the petitioner, he had enmity towards them, and out of said enmity the petitioner on 18.11.2019 at about 2.30 pm had assaulted the lady defacto complainant by striking with a hammer on her head. Thereupon the lady had fallen down and the petitioner made yet another attempt to hit on the lady, whereupon their son had intervened, and he also sustained injuries on his hand. The lady defacto complainant was immediately taken to the hospital, and thereafter the instant crime has been registered. The petitioner accused has been arrested in this case on 19.11.2019, and after his remand has been under custody since then.

(2.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and fabricated and further that, the investigation in this case has already been completed and final report/ charge sheet has been filed. As the petitioner has already suffered detention for the last 50 days, no effective purpose will be sub-served in continued detention of the petitioner and this Court may order to release the petitioner on regular bail, subject to stringent conditions.

(3.) The learned Prosecutor has seriously opposed the plea for regular bail. On being queried as to whether the investigation has been completed, the learned Prosecutor would submit on the basis of instructions that the investigation has been completed in its entirety and the final report/charge sheet has been duly filed on 18.12.2019 before the Judicial First Class Magistrate Court-I, Alathur, Palakkad district and that further, it is pointed out that it is highly likely that the petitioner may intimidate and even repeat the violent acts on the lady defacto complainant in this case, who is his wife, in case the petitioner is released on bail.