VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that on 12.07.2020 at about 6.30 p.m, near Prathibha Library at Thazhuthala, the 1st accused and his friends including the applicant formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, they committed riot armed with deadly weapons like iron rod and swords and attacked the de facto complainant's friend Reji and inflicted grievous injuries on him by using weapons. When his friend Sajeer came to assist him, he too was attacked with a dangerous weapon like sword and cut injury was caused to his palm and his vein was cut. Fracture was sustained to Reji and thus, the applicant and the other co- accused attempted to commit culpable homicide.

(3.) The applicant states that the allegations are not true and that it was the de facto complainant and his friends who had trespassed into his house with the specific intention of assaulting him and others. They were armed and reached the house of the applicant at 2.30 in the morning. The applicant, the de facto complainant and the others are neighbours. But they are loggerheads. The applicant states that the accused belongs to the Scheduled Caste community and they have been constantly harassed. In connection with which several complaints have been lodge against the de facto complainant and others. It is stated that the applicant was arrested on 05.09.2020 and continues to be in remand. It is also submitted that accused Nos.1 and 3 have been granted anticipatory bail by the Sessions court and therefore, he prays that he may be released on bail.