PAULOSE PAILY Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioners, who are husband and wife and accused Nos.1 and 2 in Crime No.7/07 of Alakode Police Station for offences punishable under Secs.452, 294 (b), 341, 324, 326 and 506(ii) read with section 34 I.P.C., seek anticipatory bail.

(2.) I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application.

(3.) The case of the prosecution is that at about 6 p.m. on 28.12.2006 the petitioners had trespassed into the house of the de facto complainant, who is the sister of the first accused, and had assaulted her with a chopper and stick, after abusing her and threatening her. The motive is alleged to be an existing civil dispute between the parties. The de facto complainant has sustained a fracture among other injuries.