SUNIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.961/2021 of Mannanthala Police Station, Thiruvananthapuram District alleging commission of offences under Sections 294(b), 323 and 34 of the Indian Penal Code and Section 31(1) of the Protection of Women from Domestic Violence Act, 2005. The allegation against the petitioner is that on 11.7.2021, while under the influence of alcohol, he entered into the house of the de facto complainant, uttered obscene words against her and also attacked her by hitting her on her lower abdomen. It is also alleged that the petitioner violated an order passed by the Judicial First Class Magistrate Court-V, Thiruvananthapuram under the provisions of the Protection of Women from Domestic Violence Act, 2005. On the aforesaid allegations, Crime No.961/2021 was registered alleging commission of offences indicated above.

(2.) The learned counsel for the petitioner submits that the offenes under Sections 294(b) and 323 of the Indian Penal Code are bailable offences and that the only non-bailable offence alleged against the petitioner is that under Section 31(1) of the Domestic Violence Act. It is submitted with reference to Annexure-A3 that Annexure-A2 order under the Domestic Violence Act was not communicated to the petitioner.

(3.) The learned Public Prosecutor on instructions submits that while there are allegations which would attract Section 294(b) and 323 of Indian Penal Code, it is true that the order passed by the learned Magistrate under the Domestic Violence Act was not communicated to the petitioner.