JAIN PAUL KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is one among the accused (A1) in Crime No.251/2013 of Town North Police Station registered for offences punishable under sections 308, 323 and 294(b) read with section 34 of Indian Penal Code. The investigation of the above crime is now in progress. Petitioner has filed the above application under section 439 of the Code of Criminal Procedure, for short the Code, seeking his release on bail.

(2.) THE above crime was registered over an incident which occurred in the court hall of Family Court, Ernakulam. Petitioner and his sister (second accused) conjointly assaulted his father-in-law at the court hall, at 2.05 p.m on 2.3.2013, and, it is alleged, petitioner had inflicted stab injuries upon the victim with a knife and caused him severe injuries. Dispute over custody of a child with his wife is pending, and handing over custody of child to petitioner in terms of the interim arrangement ordered by court brought the parties to the family court on that day. Child was not willing to go with petitioner when it was handed over. Child cried aloud and created some problems. Petitioner's sister (second accused) abused and attacked the de facto complainant, father-in-law of petitioner, imputing he was responsible for the trouble caused by the child. Petitioner joined his sister in the assault on his father-in-law and he is alleged to have stabbed him with a knife on vital parts of his person. The de facto complainant who sustained serious injuries was rushed to hospital. While he was undergoing treatment recording his statement the above crime was registered for the offences stated supra. Petitioner was arrested on 16.4.2013 while he was undergoing treatment in a hospital. Magistrate went over to hospital and remanded him to judicial custody permitting him to continue treatment till he was discharged. Later, after his discharge from hospital he was sent to jail on 7.5.2013 and his detention continues.

(3.) IT is noticed that the present petition had been filed within a week after dismissal of previous application. However, considering that the application came up for hearing nearly two weeks later I heard the counsel on both sides and also the learned Public Prosecutor excusing petitioner in filing the petition within a week after dismissal of his previous application.