SATHEESHKUMAR E.R., Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicants are accused 2 and 3 in Crime No.625/2020 of Wadakkancherry Police Station, for having allegedly committed offences punishable under Sections 341 ,323 , 325 , 294(b) and 506 of the I.P.C. and subsequently, offences punishable under Sections 392 and 308 read with Section 34 of I.P.C. were also added.

(3.) The prosecution case, in brief, is that on 28.06.2020 at about 5.00 PM, the applicants and the 1st accused, who were friends of the de facto complainant, invited him to join for a drink, which the de facto complainant declined. Irked by that, the applicants along with the 1st accused, in furtherance of common intention, wrongfully restrained him, hurled abuses at him and attacked him. They thrashed him with hands and also kicked him, as a result of which, he lost two of his teeth and sustained a fracture to the nasal bone. He was also unconscious for two days. The injuries could have caused the death of the de facto complainant. Hence, the applicants have allegedly committed culpable homicide not amounting to murder. It is also alleged subsequently, that the de facto complainant was robbed of Rs.7,750/- by the applicants in this case.