PRADEEP SAMUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) The Petitioner is the 2nd accused in crime No.278/2013 on the file of Nedumangad Police Station, Thiruvananthapuram District. The above case is registered against the petitioner and others alleging offences punishable under Section 294(b) , 450 , 307 , 395 , 427 , 354 , 326 of the Indian Penal Code and Section 27 of the Arms Act.

(3.) The prosecution case is that, the accused in this case formed themselves into an unlawful assembly with deadly weapons criminally trespassed into the house of the defacto complainant on 18.03.2013 at about 1.30.p.m., breaking open the front door, with the common intention to kill the defacto complainant and then the 1st accused, who is no more now, uttered to kill the defacto complainant and thereafter the 1st accused using a sword tried to cut on the defacto complainant's head, which blocked by the defacto complainant and resulted in causing injury to his right hand and the 2 nd accused, who is the petitioner herein using a sword tried to cut on the defacto complainant's head, which blocked by him and resulted in causing grievous injury and fracture to his left elbow. Thereafter, all the accused attacked him with weapons and the defacto complainant's sister was pushed away and assaulted by the accused and thereby outraged her modesty. It is also alleged that, a gold chain weighing Rs.51/2 sovereign worth Rs.1 lakh owned by the defacto complainant's sister was taken away by the 3rd accused and then the accused destroyed the car parked in front of the house, causing a loss of Rs.2 lakh.