RAMAKRISHNAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) In respect of an incident which took place on 23.12.2012, a case and a counter case have been registered. The petitioner is the accused in Crime No. 228/2012 of Vechuchira Police Station, who is alleged to have committed the offences punishable under Sections 308 and 294(b) r/w 34 of IPC. Learned counsel for the petitioner pointed out that it was in fact the petitioner and his wife who were brutally attacked by the de facto complainant and counter case has been registered for the offences punishable under Sections 341, 294(b), 323, 324 r/w 34 of IPC. Learned counsel for petitioner pointed out that incorporation of Section 308 is a deliberate attempt to see that the petitioner is denied bail. At any rate, according to the petitioner, his continued custody is unnecessary. It is further pointed out that the petitioner was arrested from the hospital.

(2.) Learned Public Prosecutor opposed the petition pointing out that investigation is still going on. CD was made available for perusal. On going through the CD, it seems to be that there is some force in the contentions of the petitioner. There is a counter case registered against the de facto complainant regarding the same incident.