BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.857/2019 of Vallikkunnam Police Station, Alappuzha, which has been registered for offences punishable under Secs.452, 294(b), 308, 326 and 323 of the Indian Penal Code, on the basis of the FI Statement of the de facto complainant (father-in-law of the petitioner) given on 22.08.2019, in respect of the alleged incidents which happened on the the previous day (21.08.2019) at about 10.30 p.m.

(2.) The brief of the prosecution case is that on 21.08.2019 at about 10.30p.m, due to the enmity of leading an estranged life, the petitioner/accused had committed criminal trespass into the residence of his wife's father and had caused grave injury on the eyebrow and forehead of the petitioner's father-in-law by beating him with an iron rod and thereafter, the petitioner had beat on the right hand of his mother-in-law and kicked and fisted on the abdomen of his wife and that the petitioner's mother-in-law has sustained fracture on her right hand apart from the injury caused on her left eye and that the doctors have also put stitches on the eyebrow of the de facto complainant (father-in-law), etc. The petitioner has been arrested in this case on 03.09.2019 and after his remand, has been under custody since then.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and further that his continued detention is not necessary, as he has already suffered detention for the last 37 days and that he may be released on regular bail, subject to any stringent conditions that may be imposed by this Court.