NITHIN JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicant in B.A.No.5911/2020 is the 1st accused; while the applicants in B.A.No.5921/2020 are accused 2, 4 and 5 in Crime No.2498/2020 of Kundara Police Station for having allegedly committed the offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 308 read with Section 149 of the I.P.C. and under Section 27 of the Arms Act.

(3.) The prosecution case, in brief, is that on 31.08.2020 at about 8.00 PM, the applicants were all members of an unlawful assembly, along with other accused, totalling eight in number, who assembled near the Techno Park, Kanjiracode at Kundara and wrongfully restrained the defacto complainant, hurled abuses at him and thereafter attacked him with dangerous weapons like sword and sticks and also beat him with hands and kicked him, and thereby attempted to commit culpable homicide not amounting to murder.