ABDUL MAJEED.T.M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos.1, 2 & 4 among the four accused in the instant Crime No.833 of 2019 of Thamarassery Police station, which has been registered for the offences punishable under Secs.452, 341, 324, 294(b), r/w Sec.34 of IPC , on the basis of the F.I Statement given by the lady defacto complainant on 09-09-2019 at about 1.44 a.m. in respect of the alleged incidents, which had happened on the previous day (08-09- 2019) at about 9.30 p.m in the night. It is seen that Accused No.3 has already been granted anticipatory bail by the Session Court, Kozhikode as per Anx.A order dated 23-09-2019 in Crl.M.C No.1274/2019.

(2.) The prosecution case in short is that there were monetary transactions between the son of the lady defacto complainant and the 1st petitioner (A1) and that the lady's husband had taken the stand that no amount is due from his son to the 1st petitioner and that out of the said animosity, the accused persons had trespassed into the residence of the lady defacto complainant on 08-09-2019 at about 9.30 p.m and A1 had hit the lady's husband with iron rod and when the lady defacto complainant and her daughter-in-law had intervened, A1 had assaulted them also with iron rod. The only non- bailable offence had alleged in this case is the one as per Sec.452 of the IPC .

(3.) On being queried, the learned Prosecutor has pointed out that no serious injuries of the lady defacto complainant are noted in the medical records except, contusions, aberrations, etc. The learned Prosecutor has opposed the grant of anticipatory bail.