Sanu @ Sunukuttan vs State Of Kerala

Shircy V, J

The petitioner is the accused in Crime No.926 of 2020 of Peechi Police Station, Thrissur District registered for the offences punishable under

Sections 447, 341, 324, 326, 307 and 506(i) of Indian Penal Code.

The prosecution case is that on 25.12.2020 at about 8 a.m., the petitioner with the intention to cause death of the mother of the defacto complainant

trespassed into her residential house and attacked her with a deadly weapon and caused grievous injuries to her. When the defacto complainant

intervened to rescue her mother from the attack by the petitioner, she was also assaulted by him and thus she too sustained grievous injuries. The

attack of the petitioner was with the intention to cause the death of the mother of the defacto complainant is the case of the prosecution.

The petitioner has been in custody since 25.12.2020. The learned counsel for the petitioner has raised a plea of false implication and also submitted

that he is totally innocent of the allegations levelled against him. Hence, the petition.

The learned Public Prosecutor opposed the application though the investigation of the case is over and charge sheet has been filed. It is also pointed

out by the learned Public Prosecutor that on an earlier occasion also this petitioner had attempted to attack the mother of the defacto complainant, a

widow, and due to the intervention of the neighbours, he retracted from his attempt. Now the life of the defacto complainant and her mother are not

safe, and so the application for his release, though charge sheet has been filed, is opposed by the learned Public Prosecutor.

The wound certificate available on record would show that the mother of the defacto complainant had sustained 13 injuries and most of the injuries

are grave in nature. The defacto complainant had also sustained very serious injuries including fracture and there was amputation of left index finger.

The report of the learned Public Prosecutor would show that the mother of the defacto complainant is now paralysed as a result of the grievous

injuries sustained by her from the petitioner in the attack on the relevant date. It is of course true that investigation of the case is over and charge

sheet has been filed by the investigating agency. But, having regard to the nature of the injuries sustained by the defacto complainant as well her

mother, the way in which the petitioner had attacked them would show his intention to cause the death of the mother of the defacto complainant. As

the injured is a widow, it is also to be noted that there is no one in their house to take care of them. There is every possibility to raise death threats

against them if he is released on bail. At this stage, it is not possible to infer that he will not repeat similar offences towards the defacto complainant

and her mother. The defacto complainant is a young lady aged 19 years and her mother is aged 40 years. It is also significant to note that once he had

attempted to attack them and due to the intervention of neighbours, he could not succeed in his attempt.

Having regard to all these factors and especially the injuries sustained by both the defacto complainant as well her mother, I think that it is not safe

for their life to release the petitioner on bail just considering the fact that the investigation of the case is over.