ANILKUMAR A.T @ SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) ORDER 1. This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No.1169 of 2018 registered at the Karukachal Police Station. The 73 year old mother of the applicant herein is the de facto complainant. The offences alleged are under Sections 323 and 324 of the Indian Penal Code and Section 75 of the Juvenile Justice Care and Protection of Children Act, 2015. It is now submitted that Section 326 of the Indian Penal Code has to be added as the victim has suffered a fracture of her hand.

(3.) According to the prosecution, the relationship between the applicant herein and his wife was strained. His minor son was residing with his wife. It appears that the applicant had warned his wife and son from visiting his home or interacting with his mother. On 21.09.2018, the son of the applicant herein came to visit his grandmother. Enraged, the applicant is alleged to have beaten up his son with a stick causing injuries. The de facto complainant came to the rescue of his grandson. It is alleged that the applicant pushed her down and she was also attacked. The aged mother of the applicant suffered a fracture of her hand and other injuries.