BINOY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioners are the accused in Crime No.98 of 2020 of Kanjikuzhy Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 294 (b), 323, 324, 326 r/w Section 34 of IPC.

(3.) The prosecution case is that on 12.3.2020 at 7 p.m., first petitioner caught hold of the neck of the complainant near his house at Chelachuvadu, Gurumandiram, Kanjikuzhy Village and thereafter the second petitioner with a stone hit on the face and head causing injury and the injured lost two teeth. When the complainant ran away from the scene, it is the further case of the prosecution that, he was chased and in front of the house of Ettikunnel Ratheesh, first petitioner caught by the neck and pushed him to the wall. The second petitioner fisted on the chest and right shoulder causing fracture of the bone of the right shoulder. When the wife of the complainant interfered, the first petitioner pushed her. Petitioners acted together in furtherance of their common intention.