VISHNU KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code.

(2.) Petitioner is the 4th accused in Crime No.131 of 2022 of the Harippad Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sec. 143, 147, 148, 341, 506, 294(b), 324, 307, 302 read with Sec. 149 of the Indian Penal Code. The petitioner was arrested on 17/2/2022.

(3.) The prosecution case is that on 16/2/2022 at 11.30 pm, accused Nos.1 to 7 with their common object to attack one Manoj formed themselves into an unlawful assembly with dangerous weapons. It is alleged that the 1st accused attacked the de-facto complainant with a knife and inflicted a deep wound on his left hand. The 2nd accused caught hold of the complainant's friend Sarath and the 1st accused stabbed him on the left side of his stomach with a knife. The petitioner herein and the 2nd accused wrongfully restrained the de-facto complainant's friends Kiran and Arun and slapped on their face and kicked them. It is also alleged that the 6th accused hit Kiran and Arun. The 9th accused slapped, kicked and abused complainant's friend Rejilal. The 3rd accused restrained de-facto complainant's friend Rajaneesh and hit on his head with a dangerous weapon and the 2nd accused kicked Rajaneesh. It is also alleged that the 1st accused kicked Rajaneesh on the back and thigh and the petitioner herein hit Rajaneesh on eyebrow with hands. There are other overt acts also alleged against the other accused. It is alleged that the 1st accused stabbed the de-facto complainant on his chest using a knife and when the de-facto complainant evaded the attack, the knife pierced the de-facto complainant's left forearm. At that time, the deceased ran towards south and accused Nos.1 and 2 chased him. It is alleged that the 2nd accused caught hold of the deceased and the 1st accused stabbed on the left side of his stomach. The injured Sarath Chandran, while undergoing treatment at Medical College Hospital, Vandanam, succumbed to the injuries. Hence it is alleged that the accused committed offence.