ATHUL@APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Section 439 Cr.PC.

(2.) The applicant is the third accused in Crime No.2128/2020 of Kundara Police Station for having allegedly committed offences punishable under Sections 341, 324, 326, 506(ii) and 302 read with Section 34 IPC.

(3.) The prosecution case, in brief, is that accused 1 to 3, owing to previous enmity towards the deceased Shakkeer Babu, in furtherance of common intention, on 23.6.2020 at 4 p.m. while the deceased was proceeding on a motor cycle with the defacto complainant, the first accused intercepted and caught hold of the deceased at his shirt and wrongfully restrained him and later, the first accused took knife which was hidden under the helmet of the third accused, and in furtherance of further intention of all the three accused, the first accused repeatedly stabbed the deceased on his abdomen which caused fatal injuries and he succumbed to it.