RATHEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

(2.) The petitioner is the 1st accused in Crime No.831 of 2020 of Elavumthitta Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 323, 324, 506(i), 354 r/w. Section 34 of the Indian Penal Code (IPC).

(3.) The prosecution case is that, a civil suit is pending with respect to a pathway between the defacto complainant and the petitioner before the Munsiff's Court, Pathanamthitta. The petitioner and other accused were doing some concrete work near the side of the disputed pathway. By that time the complainant along with her daughter has informed the petitioner that, an order of temporary injunction is pending against the petitioner with respect to the pathway. Due to that reason, the petitioner under the instigation of the other accused, uttered abusive language to the complainant and her daughter. It is alleged that, the petitioner using a piece of PVC pipe, beat on the back side of the body as well as head of the daughter of the complainant and also pushed her down. It is further alleged that, the petitioner tore the shawl of the churidar worn by the daughter of the complainant and also kicked her abdomen. Hence, it is alleged that, the petitioner committed the said offence.