SAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

(2.) The petitioner is the accused in Crime No. 761 of 2020 of Thenmala Police Station, Kollam District. The above case is registered against the petitioner alleging offences punishable under Sections 294(b) , 323 , 324 , 341 , 354 and 307 read with Section 34 of the IPC. The offence under Section 27 B of Arms Act is also alleged. Petitioner is in custody from 01.09.2020.

(3.) According to the prosecution, the 1 st accused along with remaining accused had gone to the place of occurrence, on 30.08.2020 at about 9.00 p.m. The place of occurrence is a residential building, let out by brother in law of de facto complainant to his workers. When Aswathy, a relative of de facto complainant had gone to the place of occurrence, upon hearing the commotion, created by the accused, they had chased her away, brandishing swords. Thereafter, the de facto complainant along with his 12 year old son Adwaith Krishnan had gone there; both were wrongfully restrained by accused. It is alleged that, A1 had then cut the de facto complainant upon his head with a sword, uttering obscenities. It is also alleged that, the accused Nos. 1 and 3 had thereafter repeatedly cut the de facto complainant with their swords on his face and arms. When Adwaith Krishnan had intervened, the 2nd accused had cut him with a sword, upon his left shoulder. The specific allegation against the petitioner is that, when the younger brother of de facto complainant had come there, knowing about the incident, 4th accused exhorting that he will kill him, cut the said person with his sword. The 2 nd accused had also cut him with a sword.