UDHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail under Section 439 Cr.PC. The applicant is the first accused in Crime No.1198/2020 of Kayamkulam Police Station for having allegedly committed offences punishable under Sections 323, 324, 326 and 506(ii) read with Section 34 IPC and under Section 27 of the Arms Act.

(2.) The prosecution case, in brief, is that on 29.6.2020 at about 5.30 p.m., the applicant in furtherance of common intention with the other accused persons, came to the house of the defacto complainant's brother and owing to the previous enmity towards the defacto complainant, hurled abuses at him. Thereafter, all the accused assaulted the defacto complainant and the applicant allegedly attacked him with a sword causing multiple fractures on both bones of his right leg and thus committed the aforesaid offences.

(3.) The applicant had approached this Court for anticipatory bail by filing BA No.4192/2020 and the same was disposed of by this Court on 07.08.2020 directing the applicant to surrender before the investigating officer and to apply for regular bail before the jurisdictional court. Accordingly, the applicant surrendered before the investigating officer on 17.8.2020 and he was produced before the jurisdictional court and applied for regular bail. But, the same was rejected by the jurisdictional court, in view of the fact that the offence committed by the applicant is grievous and since he has previous antecedents, there is every possibility of the applicant getting involved in offences of similar nature. The applicant has thus approached this Court seeking indulgence. He has been in custody since 17.08.2020.