BALAKRISHNAN KELAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by two brothers of the de facto complainant. The petitioners are accused Nos. 1 and 2 in Crime No. 78 of 2009 of Meppayur Police station alleging commission of offences punishable under sections 341, 323, 326 and 506 (1) read with Section 34 of the indian Penal Code.

(2.) THE case of the prosecution is that on 4. 4. 2009 the petitioners who were antagonized by the visit of the de facto complainant to their ancestral home, attacked her and caused the alleged injuries on her. The petitioners totally denied the allegations and according to them, of course, with pain they said that the de facto complainant who is a spinster is a woman of easy virtue. According to them, since they belong to a reputed family they questioned the life style of the de facto complainant and on that score when she was questioned, she ran off and during the course of which she fell down and sustained the injuries and nothing untoward has happened as alleged.

(3.) AS stated earlier, the petitioners are none other than the brothers of the de facto complainant. Having regard to the nature of the relationship between the parties and of course the nature of the allegations and injuries, I think the petitioners can be given the relief sought for without causing any prejudice to the prospects of the investigation in the case.