JAI PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail by the second accused in Crime No.87/2023 of the Vengara Police station, initially registered under Sec. 174 Cr.P.C. then altered to Sec. 109, 302 r/w Sec. 34 of the IPC.

(2.) The prosecution case is that on 31/1/2023 at about 9.30 hours, accused No.1 committed murder of her husband at their residence by strangulation using her saree. It was accused No.2, the lover of the first accused, who instigated and abetted the first accused to commit the above crime.

(3.) The learned counsel for the petitioner submits that he is innocent and there are no criminal antecedents against him, there was no proof of him having committed the crime, and the chance of him absconding can be prevented by him staying in Kerala till the completion of the trial, the final report is already filed and his role was only to as a mediator to settle the disputes between the deceased and A2 as invited by CW3, the father of the deceased.