SHARAFUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The two petitioners herein have been arrayed as accused Nos.1 & 2 among the two accused in the instant Crime No.744/2019 of Eravipuram Police Station, Kollam, which has been registered for offences punishable under Secs.447, 323, 324, 294(b), 506, 354 read with Sec.34 of the IPC on the basis of the FI Statement given by the lady de facto complainant on 26.06.2019 at about 11p.m., in respect of the alleged incidents which are happened on the same day (26.06.2019) at about 6p.m. in the evening.

(2.) The prosecution case in short is that the 1 st petitioner (A-1) and his wife are the next door neighbours of the lady de facto complainant and her husband and that being aggrieved by the act of the 1 st petitioner (A-1) in placing a fencing sheet just above his compound wall, which separates the residence from that of the de facto complainant, the de facto complainant's husband had complained to the Kollam Municipal Corporation about the said construction of the petitioner, which resulted in Annexure-A6 order dated 24.06.2019 issued by the Kollam Municipal Corporation, whereby the 1st petitioner has been interdicted to make such construction and truss work extension as it violates Rule 24(4) of the Kerala Municipal Building Rules and that the 1st petitioner was enraged in the de facto complainant's husband obtaining such an order from the Municipal Corporation and out of that animosity, 1st petitioner herein and the 2nd petitioner who happens to be the friend of the former and three other identifiable persons had trespassed into the residential property of the lady de facto complainant and had beaten her with a "kathal" (?J?Z) and that he had torn her nighty and had uttered filthy and abusive words at her, etc. and that thereby the abovesaid accused persons have committed the abovesaid offences.

(3.) Sri.S.Sreekumar (Kollam), learned counsel appearing for the petitioners would urge that the abovesaid allegations have been falsely foisted on the petitioners. Further that, as a matter of fact the truth is otherwise out and that the truth of the matter is that the 1 st petitioner's wife and the 1st petitioner have consistently complained before various authorities as evident from Annexures-A2 to A5 & A7 about the indecent behaviour shown by the lady de facto complainant's husband towards the 1st petitioner's wife and that Annexure-A2 is the petition dated 18.05.2019 submitted by the 1st petitioner's wife before the Division Counselor of the Kollam Municipal Corporation, Annexure-A3 is the complaint dated 18.05.2019 given by her to the local M.L.A, Annexure-A4 is a complaint dated 27.06.2019 given by her before the Circle Inspector of Police, Vanitha Cell and Annexure-A5 is yet another complaint given by her on 03.06.2019 before the Kollam City Police Commissioner. Annexure-A7 is yet another petition filed by the petitioner herein before the Kollam Corporation on 24.01.2019, complaining about the abovesaid harassment and indecent behaviour on the part of the lady de facto complainant's husband. Further that the constructions said to have been carried out by the 1 st petitioner are as shown in Annexure-A1 photographs, which would clearly show that the placement of the said sheets just on the compound wall does not in any manner create any obstruction to the lady de facto complainant's property and further that the said photographs would clearly indicate that the height of the compound wall constructed by the petitioner which separates the two properties is much less than the maximum permissible height of the compound wall as per the Building Rules and that the sheets have been placed on the top portion of the compound wall, but which is abutting towards the petitioners' property and the same was done mainly to give some privacy, as the lady de facto complainant's husband was consistently behaving in an indecent manner towards the 1 st petitioner's wife. That the 1st petitioner is a person who has toiled in a Gulf country has now returned back and that the lady de facto complainant's husband is an active politician, who belongs to the ruling party and who has sufficient influence with the Kollam Municipal Corporation which has resulted in the said Corporation illegally issuing Annexure-A6 order. That since the petitioner and his wife have consistently complained against the lady de facto complainant's husband as per Annexures-A2 to A5 & A7, etc., the abovesaid allegations have been now falsely foisted at the behest of the lady de facto complainant on the instigation of her husband. Further, Annexure-A8 is the treatment record which would show that the petitioner's mother had sustained injury on account of the attack made by the lady de facto complainant's husband. Further it is pointed out that the allegation of attacking the lady de facto complainant and tearing her nightie, etc. are falsely made only to make out a non-bailable offence against the petitioners in order to get them arrested by the police due to the political influence of the lady de facto complainant's husband.