NIJAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This application seeking pre-arrest bail has been preferred by the petitioner herein, who is the 8th accused in Crime No.1898 of 2019 of the Sooranad Police Station. The above crime was registered originally against four identifiable persons under Sections 294(b), 452, 324, 307 read with section 34 of the Indian Penal Code and under Section 27(2)(1)(c) of the Arms Act, 1959. In the course of investigation, the petitioner was arrayed as the 8th accused.

(2.) This application is taken up and heard through Videoconferencing.

(3.) The prosecution allegation is that accused Nos. 1 to 10 formed themselves into an unlawful assembly and in prosecution of their common object, accused Nos.2 to 5 trespassed into the house of the de facto complainant by breaking open the front door and attempted to kill the de facto complainant and his wife with deadly weapons. It is alleged that the accused Nos.1 and 6 to 10 stood outside the house to enable the accused Nos. 2 to 5 to enter the house and caused injuries. While escaping from the scene, the 4th accused fell down and he was caught by the neighbours and was handed over to the police. It is the 4 th accused who had divulged that the petitioner herein was one among the persons who had stood outside the house. The investigation revealed that the son of the de facto complainant, one Aadarsh, and his friends had assaulted the 1 st accused and the 11th accused during the previous Onam celebration and the 11 th accused who was injured in the said incident lodged a complaint and based on which, Crime No.1557 of 2019 was registered at the Sooranad Police Station. It was as a retaliatory measure that the accused Nos.1 and 11 had recruited the rest of the accused who had committed the offence.