Bail denied due to the gravity of crime and risk to public safety.

ORDER

This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicant is the sole accused in Crime No.787/2023 of Ponnani Police Station, Malappuram District. The offences alleged are punishable under Sections 302 and 506(i) of the IPC .

3. The prosecution case, in short, is as follows: The deceased in this case is the wife of the applicant and the sister of the complainant. Due to prior animosity with regard to the non- withdrawal of the complaint filed by the deceased before the Judicial First Class Magistrate Court, Ponnani against the applicant of his ill-treatment and due to his suspicion regarding her chastity, the applicant intended to commit murder of his wife Sulaikha. On 20.7.2023 at about 23.30 hours, he inflicted serious injuries on her chest and shoulder with an iron bar in the courtyard and in the bathroom of their house situated at Valiparamba, Ponnani. As a result of the injuries, she died.

4. I have heard Sri. Binu V.V., the learned counsel for the applicant and Sri. C.K. Suresh, the learned Special Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 27.7.2023. The offence alleged is very grave and the manner in which it was committed was brutal. The trial court as well as this Court on earlier occasions while dismissing the bail applications filed by the applicant found that, if he is released on bail, the lives of his children aged 12 and 16 years will be in peril and custodial trial was ordered. I see no change in circumstances. There was a direction to the Director of Forensic Science Laboratory to complete the examination of the material objects in the case and also to expedite the trial by the trial court. It is submitted by the learned Special Public Prosecutor that the examination is over and the FSL report has already been submitted before the trial court. Hence, this bail application is dismissed with a direction to the trial court to expedite the trial.

Sd/-