NABEESA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are mother and son accused of having committed the offences punishable under Sections 447, 341, 324, 354, 308, 506(i) read with Section 34 of the I.P.C. in Crime No.621/2019 of Wadakkanchery Police Station. The allegations against the petitioners are that on 04.11.2019 at about 9.00 a.m. the petitioners in furtherance of common intention trespassed into the property of the defacto complainant, wrongly restrained her mother and the 2nd accused inflicted a blow on her head with the handle of a spade, thereafter tore off her maxi outraging her modesty and also intimidated her with threats of death. She was also beaten on various parts of her body with a stick and had not she evaded the blow inflicted by the 2nd accused towards her head, she would have succumbed to the injuries that may have sustained to her head and thereby he attempted to commit culpable homicide not amounting to murder. Anticipatory bail application filed before the Sessions Court was dismissed vide Annexure A order on the ground that the weapons have not been recovered yet.

(2.) The police authorities have not so far taken any steps for recovery of the weapons; nor to apprehend the 2nd accused so far. All the overt-acts are actually attributed to the 2nd accused alone. There is no reason why the 1st accused could not have been granted bail and therefore the application as far as the 1st accused is concerned is allowed.

(3.) The 2nd accused is directed to surrender before the investigating officer within a period of ten days and in the event of his arrest and also the arrest of the 1st accused, they shall be released on bail on execution of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer.