NAZEER M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed the sole accused in the instant Crime No.346 of 2019 of Mala Police Station, registered for the offences punishable under Secs. 341, 323, 324, 354 and 506 of IPC. The crime has been so registered on basis of the F.I Statement given by the lady defacto complainant on 02-05-2019 at about 12.30 noon (crime registered on the same day at about 5.00 p.m), in respect of the alleged incidents, which happened on 29-04-2019 at about 10.00 p.m.

(2.) The prosecution case in short is that the lady defacto complainant, aged 64 years, is the mother-in-law of the petitioner/accused aged 45 years, is her elder son-in-law and that the petitioner's wife (defacto complainant's daughter) is suffering from some mental ailments and that the petitioner's wife had transferred some of the property in her name in favour of her sisters and that the petitioner was entertaining the misapprehension that this has so done by his wife at the instigation of the lady defacto complainant. Out of the said animosity the petitioner had come to her residence on 29-04-2019 at about 10.00 p.m at the night and had assaulted her and torn her nighty and had kicked on her abdomen and that while he had torn her nighty, he had taken photographs etc., and that thereby he has committed the abovesaid offences.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and fabricated and that the alleged incident is said to have happened as early as on 29-04-2019 at about 10.00 p.m in the night, whereas the crime has been registered only as late as on 02-05-2019 at about 5.00 p.m and that the prosecution has not been able to explain the long delay in this regard and that long and unexplained delay in the lodging of the FIR would fatally vitiate the impugned criminal proceedings as it affects the very credibility and believability of the prosecution case. Further that the reading of the FIS would make it clear that even according to the defacto complainant there are property disputes between the parties etc,. Further that the petitioner's wife is suffering from mental ailments as can be seen from Anx.A certificate issued by the Psychiatrist and that the lady defacto complainant's husband and her two other daughters had fraudulently got the petitioner's wife transferred some of her property in the name of her sisters for which the petitioner has got a crime registered as crime No.211/2019 of Mala Police Station for offences punishable under Secs.406, 420, 418, 506(1), 34 and 120B of the IPC, in which the husband and other two daughters of the lady defacto complainant have been arrayed as accused, in relation to the fraudulent transfer of the property. It is only on account of the petitioner having taken such steps that the lady defacto complainant has filed the instant FIS raising the false allegations against the petitioner. Further it is urged that this Court may grant anticipatory bail to the petitioner subject to appropriate conditions.