JYOTHIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in crime No.1198/2020 of Thekkumbhagom Police Station, Kollam for having allegedly committed offences punishable under Section 302 of IPC.

(2.) The prosecution case, in brief, is that in retaliation, of the deceased Sanilkumar, attacking the applicant and causing hurt to him, between 9.30 p.m. on 13.09.2020 and 5 a.m. on 14.09.2020, the applicant allegedly attacked the deceased Sanilkumar with a crash guard of a vehicle at his residential house at Vadakkumbhagam Muri in Thekkkumbhagam Village and caused fatal injuries resulting in his death.

(3.) The applicant states that he is innocent and the allegations are not true. It is further stated that even if the prosecution case is believed, the applicant himself had sustained injuries which would indicate that the applicant had attacked the deceased only in self-defence. Hence the applicant is entitled to the benefit of the exceptions under the IPC.