ANJURAJ @ANJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure ('Code' for short) by the 2nd accused in Crime No.457 of 2021 of the Aryanad Police Station registered inter alia under Sections 302, 449 r/w 34 of the Indian Penal Code. The aforesaid crime was registered on 24.03.2021 based on the information furnished by one Vinod.

(2.) In a heinous incident which took place in the confines of the residential home of the applicant herein, her husband was murdered. The prosecution alleges that he was murdered by the applicant and her paramour.

(3.) The prosecution records would reveal that the relationship between the applicant and her husband was strained as the applicant was openly having an illicit relationship with the 1st accused, one Unnikuttan. The applicant herein was residing in her aunt's house, a lady by name Sarojam with her minor child. Her husband on the other hand was living alone in a lodge. On 23.03.2021, at lunch, the applicant is alleged to have called her husband, Arun over phone and invited him to the house where she is residing to resolve their differences. When he came to the house at about 10 pm, he found the 1st accused, Unnikkuttan, sitting in the drawing room of the house. The child of the applicant had gone to sleep by then, but her aunt was awake. There was a flare up between the two men. It is the case of the prosecution that the applicant was taking a bath then. When the melee started, the applicant is alleged to have intervened. The prosecution alleges that Unnikkuttan was handed over a knife by the applicant and both the men fought for possession of the weapon. When the knife fell down, the applicant is alleged to have taken it and handed it over to the 1st accused with which he inflicted the fatal blow. Though Arun was rushed to the hospital, he succumbed to the injuries at midnight on 24.03.2021.