LAWS(KER)-2020-12-523

BENOY K MATHEW Vs. STATE OF KERALA

Decided On December 21, 2020
Benoy K Mathew Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

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

(2.) The petitioner is the accused in crime No.1898/2020 of Konni Police Station, Pathanamthitta District. The above case is registered against the petitioner and others alleging offences punishable under Sections 294 (b), 447, 506(ii), 323, 324, 427, 308 read with 34 of the Indian Penal Code (IPC).

(3.) The prosecution case is that, accused on account of their previous enmity towards the de facto complainant and in furtherance of their common intention to do away with the complainant, on 14.09.2020 at about 9.30 p.m. trespassed into the courtyard of the house of the complainant. It is alleged that the 1st petitioner by uttering abusive language, pushed the son of the complainant and also beat on his right wrist portion by using a piece of stick. When the complainant intervened in the incident, it is alleged that, the 1st accused by using the same stick, beat on his head. When the wife and daughter of the complainant came to the scene, the 1st petitioner pushed them down and thereafter the petitioners together pull down the bullet motorcycle parked at the courtyard of the house of the complainant. It is alleged that the petitioner committed the aforsaid offences.