VISAKH Vs. STATE OF KERALA

JUDGEMENT

(1.) B.A.No. 3906 of 2020 is filed by accused 1 and 2. B.A.No. 4209 of 2020 is filed by accused 4 and 5. B.A.No. 4731 of 2020 is filed by 7th accused and B.A.No. 4750 of 2020 is filed by accused 8 and 9 in Crime No.581 of 2020 of Kattoor Police Station, Thrissur, for having allegedly committed offences punishable under Sections 143, 144, 147, 148, 506(ii), 294(b), 341, 324 and 302 read with Section 149 of the IPC. The prosecution case in brief is thus:

(2.) On 29.04.2020 at about 4.30PM, the applicants and the other co-accused, were all members of an unlawful assembly, the common object of which, was to attack defacto complainant and his friends Vishnu Vahid, Sumesh Siva and Ashiq and in furtherance of common object of the said unlawful assembly, they committed riot, armed with deadly weapons like swords and sticks and hurled abuses at them, wrongfully restrained them, intimidated them with threat of death and attacked them. As a result of the attack, Vishnu Vahid succumbed to the injuries he had sustained and thereby, the applicants committed the offence as alleged.

(3.) The earlier applications for bail filed by A4, A5 and A7 were dismissed by this Court. The other applicants are filing the application for bail for the first time. The reason for dismissal of the earlier application was that the 3rd accused has criminal antecedents. A4 and 5 are his sons and the other accused had all in furtherance of common intention, formed an unlawful assembly, which is a gang and attacked the member of the gang to which the defacto complainant and his friends belonged.