SAJOSH K.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C, by the sole accused involved in crime No.691 of 2018 of Valapattanam Police Station, Kannur District. The offences allegedly involved in the crime are those punishable under Sections 341, 324 and 307 IPC.

(2.) The allegation of the prosecution was that on 21.07.2018, at about 11.30 P.M, out of previous animosity in connection with a property dispute that exists among the petitioner and his uncle, the former restrained him and inflicted serious injuries on his stomach with a dagger. The injured was hospitalised and was treated as inpatient in the Intensive Care Unit for more than 10 days and was also subjected to a major surgery. One Remith Balakrishnan, a friend of the injured who was there at the relevant time of the incident had lodged the FIS and that led to the registration of the crime in question. During the course of investigation on 22.07.2018, the petitioner was arrested. The petitioner has been in judicial custody for last 44 days and is continuing therein. In the said circumstances he has approached this Court for enlarging him on bail.

(3.) Sri. P.K. Ravi Sankar, the learned counsel for the petitioner submitted that the injuries were sustained by the injured in an accident and not in an incident as alleged by the prosecution. According to him based on the allegations, the petitioner was taken into custody and he has already served judicial custody for the last 44 days. According to him, investigation is concluded and no purpose would be served by keeping the petitioner in custody any more. For the foregoing reasons, he pleaded for enlarging the petitioner on bail.