RATHEESH P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.816/2019 of Irinjalakuda Police Station, Thrissur, registered for offences punishable under Secs.341, 323, 294(b) and 452 of the Indian Penal Code . The crime has been lodged on the basis of the First Information Statement given by the lady victim aged 17 years on 06.10.2019 at about 9.20 p.m., in respect of the alleged incidents which happened on the previous day (05.10.2019) at about 2.45 p.m.

(2.) The prosecution case in short is that the petitioner/accused is living separately from his wife due to marital discord and that the petitioner's wife is residing in a flat in an apartment complex, wherein the lady victim and her mother are also residing in neighbouring flats. That the petitioner had serious complaints due to the proximity shown by his wife to the lady victim's mother and that on 05.10.2019 at about 2.30 p.m. or so, he had come to his wife's flat and had requested the lady victim and her mother to come over to the flat for discussing certain issues. Thereupon, the lady victim and her mother had gone there and in the altercation, the petitioner had assaulted the lady victim's mother and the lady victim and the lady victim had ran away to her flat and the petitioner followed her and entered into her flat and that thereby, the petitioner has committed the abovesaid offences. It appears that the police after investigation has now deleted the offence as per Sec.452 of the IPC and has included the offence as per Sec.354 of the IPC .

(3.) Sri.P.Vijayabhanu, learned Senior counsel instructed by Ms.Pooja Pankaj, learned counsel appearing for the petitioner/accused that the abovesaid allegations are false and fabricated. That the petitioner was having serious doubts about the motives of the lady victim's mother in showing unnecessary proximity to his wife and he had cautioned his wife many a time to be careful about the dealings of the victim's mother and the victim. That on the day in question, when the petitioner had made the discussions, the lady victim's mother had assaulted the petitioner, when the petitioner told her that the petitioner found that she was recording the conversation and sending it through bluetooth to some of her associates, who were outside. That in the said scuffle, some of the other associates of the lady victim's mother, including one Gilbert about whom mention is made towards the concluding portion of the present affairs, had assaulted the petitioner and the petitioner had flee away from the flat and he was followed even thereafter. That the petitioner was thus constrained and informed the matter to the police and thereupon, Crime No.817/2019 of Irinjalakkuda Police Station was registered, in which the lady victim's mother Smitha and the abovesaid Gilbert and few others coming to six in number have been arrayed as accused, for offences punishable under Secs.143, 146, 147, 148, 149, 323 and 324 of the Indian Penal Code . Since the petitioner belongs to SC community, the police has now added the offence as per Sec.3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 as amended. It is pointed out that the said FIR has been registered on 06.10.2019 at about 9.30 p.m. and the incidents alleged therein are of on the same day and around on the same time (05.10.2019 at about 2.45 p.m.), etc. The learned Senior counsel appearing for the petitioner would thus urge that this Court may grant anticipatory bail to the petitioner, subject to appropriate conditions.