SUDHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos. 1 to 3 in Crime No.931/2019 of Kilikollur Police Station, Kollam District, registered for offences punishable under Secs.294(b), 323, 308 & 34 of the I.P.C. The Crime has been registered on the basis of the FI statement given by the lady de facto complainant on 12.10.2019 at about 8:50 p.m., in respect of the alleged incidents happened on 11.10.2019 at about 5:30 p.m.

(2.) The prosecution case in short is that the lady de facto complainant in this case is the wife of the 1 st petitioner (A1) and that the 2nd & 3rd petitioners are the father and mother respectively of the 1st petitioner. Earlier, the de facto complainant had taken steps to file complaint against the petitioners raising allegations that the petitioners have treated her with cruelty and harassment and demanded dowry and on account of that the petitioners have enmity to her and the lady is living separately. On 11.10.2019, she has come to the residence of the petitioners to see her son, whereupon the petitioners had abused her in filthy language and assaulted her and A1 kicked her and she had fallen to the ground and that at that time A3 had given the coir rope to A1 and A1 had tried to strangulate her using the coir rope and she evaded from that but for such evasion death would have caused to her and thus the accused persons have committed the abovesaid offences.

(3.) The learned counsel for the petitioners would submit that the abovesaid allegations are false and baseless and the lady de facto complainant had earlier filed a petition/complaint on 2.9.2019 to the Police alleging offences under Sec.498A and therein she had stated that even as on that day she has been residing in her marital home with her husband whereas the spouses are living separately for 1 1/2 years. That this Court has granted anticipatory bail to the petitioners in the first case, etc. Further that petitioners 2 & 3 have submitted Anx-A2 petition on 14.10.2019 to the District Police Chief, Kollam, urging that fair investigation is to be conducted in the present crime wherein the allegations are false and motivated and that this Court may grant anticipatory bail to the petitioners herein.