ASWIN BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in Crime No.1579/2021 of Valiyathura Police Station alleging commission of offences under under Sections 427, 447, 294 (b), 506, 323, 308 and 34 of the Indian Penal Code.

(2.) The allegation against the petitioner is that he along with the other accused tresspassed into the house of the de facto complainant and attacked him using stones and used abusive language and fisted and kicked the de facto complainant, caused damage to the autorickshaw of the de facto complainant's uncle which was parked there and also attacked the wife of the de facto complainant and used abusive language against her.

(3.) The learned counsel for the petitioner submitted that the petitioner has been in custody from 12-10-2021 and has completed 59 days in custody. It is submitted that the petitioner is absolutely innocent in the matter and that the other accused in the case have already been granted bail by the Sessions Court, Thiruvananthapuram. He also submits that further detention of the petitioner is not necessary for the purpose of investigation into the matter.