SUBASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.712 of 2019 of Vatanappilly Police station, Thrissur District, which has been registered for offences punishable under Secs. 341, 323, 354, 308, 506(ii) of IPC, on the basis of F.I Statement given by the defacto complainant on 01-10-2019, in respect of the alleged incidents, which happened on 28-09-2019 at about 6.45 p.m. The petitioner has been arrested in this case on 08-10-2019 and after his remand, he has been under the detention.

(2.) The prosecution case in short is that on 28-09-2019 at about 6.45 p.m, the petitioner/accused, due to prior enmity, had wrongfully restrained the defacto complainant, who was coming in a bicycle and kicked him and that the petitioner had criminally intimidated him by showing a knife and attempted to stab him on his chest, which was prevented by the defacto complainant and that on knowing about it, the defacto complainant's father and wife had come to the scene and the petitioner had slapped him on his face and had also torn the maxi of the defacto complainant's wife and thereby, the petitioner has committed the above said offences.

(3.) The learned counsel for the petitioner would point out that the abovesaid criminal proceedings have been initiated by the defacto complainant on account of the civil disputes pending between the parties and that they are immediate neighbours and the petitioner had approached the Legal Services Authority in respect of the pending boundary disputes, which enraged the defacto complainant and that he has raised the instant false allegations.