PRAVEENDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant crime No. 1788/2019 of Kadakkal Police Station which has been registered for offences punishable under sections 498A and 326 of the IPC. The above said crime has been registered on the basis of FIS given by the lady defacto complainant on 09/10/2019, at about 1.15 pm in respect of the alleged incidents which happened on 06/10/2019 at about 12.30 pm in the afternoon. The lady defacto complainant in this case is the wife of the 1st petitioner herein. The short of the prosecution case is that the marriage of the petitioner accused now aged 40 years and the lady defacto complainant, now aged 32 years was solemnized about 13 years back and the marriage was a culmination of an intense love affair between them and that the petitioner belongs to a backward class and that the lady belongs to a forward community and that petitioner used to frequently treat her with cruelty and harassment and that on 06/10/2019, at about 12.30 pm, the petitioner had quarreled with her and had beaten her on her left hand using a firewood piece and that she was immediately hospitalized on the same day and x-ray revealed that she has suffered fracture on account of the said beating received by her. Hence it is alleged by the prosecution that petitioner has thereby committed the above said offences.

(2.) R. Pushpangathan Pillai, learned advocate appearing for the lady defacto complainant had opposed the plea for anticipatory bail. This Court has directed the petitioner to implead the lady defacto complainant as an additional party in order to ascertain whether any mediatory efforts would be feasible. Sri. Pushpangathan Pillai, learned counsel appearing for the lady defacto complainant would submit on the basis of instructions from the party that the lady has suffered much and she is not interested for any mediation process.

(3.) Learned prosecutor would point out that immediately after the incident on 06/10/2019, at about 12.30 in the afternoon, the lady was admitted to the nearby hospital on the same day at about 2.10 pm and the medical records would disclose that she has suffered fracture on her left hand on account of the above said beating received by her. Learned prosecutor would point out that as the offence alleged in this case also involves a serious non-bailable offence as per section 326 of the IPC, this Court may not grant anticipatory bail to the petitioner.