MANOJKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.1 in the instant Annexure-A Crime No.1847/2019 of Adoor Police Station, Pathanamthitta, which has been registered for offences punishable under Secs.323, 324, 506, 498A and 34 of the Indian Penal Code and Secs.75 and 77 of the Juvenile Justice (Care and Protection ) Act, 2015, on the basis of the FI Statement given by the lady de facto complainant on 10.09.2019 at about 6.20 p.m., in respect of the alleged incidents, which happened for the period from 02.06.2009 to the last incident which had occurred on 09.09.2019. The petitioner herein is the husband of the lady de facto complainant in this case. Accused Nos.2 and 3 in the instant crime are the father and mother respectively of the petitioner herein (A-1).

(2.) The prosecution case in short is that after the marriage of the abovesaid spouses, the accused persons had treated the lady victim with cruelty and harassment and that they have demanded more dowry from her and that the petitioner used to frequently assault her. Further that on 09.09.2019 at about 7.30 p.m., the petitioner (A-1) had slapped the lady on her face by hand and with a torch and also whacked her brother Rahul with a chopper and that A-3 had beaten the lady de facto complainant's another brother Rakesh on his backside with a walking-stick and A-2 had beaten the de facto complainant and A-1 had also beaten his child with a torch and also forcibly poured alcohol to his child's mouth and thereby they have committed the abovesaid offence. The petitioner (A-1) has been arrested in relation to this case on 11.09.2019 and after his remand, has been under detention since then.

(3.) Sri.K.V.Anil Kumar, learned counsel appearing for the petitioner would point out that the abovesaid allegations are false and fabricated and that the entire incidents alleged to have happened on 09.09.2019 at about 7.30 p.m. are absolutely false and that as a matter of fact the truth is otherwise out and that a counter case as per Annexure-B Crime No.1848/2019 of Adoor Police Station has been registered for offences punishable under Secs.451, 323, 354, 427 and 34 of the IPC, on the basis of the FI Statement given by the petitioner's mother (A-3) herein on 10.09.2019 at about 8.15 p.m., in respect of the alleged incident, which happened on 09.09.2019 at about 7.30 p.m. Further that, the scene of occurrence, day and time of occurrence of both Annexures.A and B crimes are the same. Further that, the two brothers of the lady de facto complainant herein and three other identified persons have been arrayed as the accused in Annexure-B Crime No.1848/2019 and the allegations in Annexure-B crime is to the effect that on the same day at around the same, when the de facto complainant and his parents were in their house, the two brothers of the petitioner's wife had come there and assaulted the petitioner and his parents (who are the three accused in Annexure-A crime) and that it is only to wriggle out of the said criminal culpability in Annexure-B crime is that false allegations have been made in the instant Annexure-A crime. Accordingly, it is urged by the learned counsel for the petitioner that at any rate, as the petitioner has already undergone detention since 11.09.2019, his further detention may not be necessary and that this Court may order him to release on regular bail, subject to any stringent conditions.