ANSARI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 1239 of 2022 of the Palakkad Town South Police Station, registered for the offences punishable under Ss. 341,324,326,308 and 498A of the Indian Penal Code. The prosecution allegation is that, by reason of certain matrimonial disputes between the petitioner and his wife / 2nd respondent, the petitioner assaulted the 2nd respondent with a cricket bat on 12/12/2022. As a result, the 2nd respondent sustained fracture to her right hand. The petitioner was arrested and remanded to custody on 15/12/2022. The application for bail moved before the jurisdictional Magistrate Court was rejected as per Annexure A1. Hence this bail application.

(2.) Learned counsel for the petitioner submitted that even if the prosecution case is accepted for the sake of argument, there is no justification in continuing the petitioner's custody beyond 57 days.

(3.) Learned Public Prosecutor submitted that the grievous nature of the injury sustained by the 2nd respondent had deterred the Magistrate Court from granting bail.