ANTONY V.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioners are the accused Nos. 1 and 2 in Crime, No. 1018/2022 of Thoppumpady Police Station. The aforesaid crime was registered for the offences punishable under Ss. 201, 203, 302, 323, and 325 read with Sec. 34 of Indian Penal Code.

(3.) The prosecution case is as follows: the petitioners are the husband and wife. The deceased is the grandmother of the 2nd accused. On 29/11/2022, at about 10.00 a.m, when the 2nd accused had gone for the job after entrusting her 5 month old baby with the deceased, there occurred a quarrel between the 1st accused and the deceased, as the deceased questioned the 1st accused for not going to work. Because of this, the 1st accused pulled the defacto complainant from the kitchen to the courtyard, resulting in a head injury on hitting her head on a concrete slab. By then, the 2nd accused reached there and the deceased started making noise. At that juncture, the 2nd petitioner covered her mouth, and the 1st accused assaulted the deceased repeatedly and which resulted in causing serious injuries to her. Consequent to such injuries, she died and the crime was registered in such circumstances. As part of the investigation, the 1st accused was arrested on 13/11/2022, and the 2nd accused was arrested on 1/12/2022. Since then, they have been under judicial detention. This application is submitted in such circumstances.