MARCOSE ALIAS JERIKAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for regular bail filed under section 439 of the Code of Criminal Procedure, by the accused in Crime No. 130/09 of valiyathura Police Station, alleging commission of offence punishable under Sections 323, 324, 326 and 307 of the Indian Penal Code.

(2.) THE case of the prosecution is that on 19. 3. 2009 at about 1 noon, the petitioner assaulted his wife and inflicted stab injuries on her body, on account of suspicion on her fidelity. The petitioner was arrested on 20. 3. 2009 and was produced before the Court on the same day and has been under judicial custody since then.

(3.) ACCORDING to the petitioner, his wife has got illegal connection with another man, one Mr. Benny and on the said unfortunate date, the same man was found lying with his wife and at that sight, he lost his control and committed the offences alleged. According to him, Section 307 is not attracted, even if the entire case of the prosecution is admitted.