BINU VIDYADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.1049/2019 of Kayamkulam Police Station which has been registered for offences punishable under Secs.324 and 307 of the IPC . The petitioner has been under judicial custody since 8.4.2019 in connection with the above said crime and seeks grant of regular bail by virtue of the enabling provisions contained in Sec.439 of the Code of Criminal Procedure, 1973. The petitioner/accused is none other than the husband of the lady defacto complainant/victim in this crime. The case of the prosecution is that, owing to financial dispute as well as grudge against her for instituting a case against the brother-in-law of the accused, that the accused on 7.4.2019 at around 8.30 p.m., while the victim was washing her clothes, had stabbed her with a knife and further inflicted critical injuries on her both hands, neck and face with knife. As the accused attempted to cause her death, he has committed offences punishable under Secs.324 and 307 of IPC .

(2.) The learned counsel for the petitioner would point out that the petitioner has been under judicial custody since the last 61 days and the investigation has been completed in its entirety and the final report/ charge sheet has also been filed before the competent Court and that continued detention of the petitioner is no longer necessary and that this Court may grant regular bail to the petitioner subject to any stringent conditions to ensure the integrity of the trial process.

(3.) The learned Public Prosecutor has opposed the plea for grant of bail and has submitted that the allegations disclosed in this petition are very serious and that going by his conduct, he is likely to intimidate and influence the witnesses including the lady victim, who is his wife etc. Further the learned Public Prosecutor would point out that the investigation has already been completed and the final report/ charge sheet has been filed on 28.5.2019.