MUHAMMED NISAR 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 1 to 4 in Crime No.263/2020 of Vengara Police Station for having allegedly committed the offences punishable under Sections 324 and 308 of the I.P.C. Initially an offence under the Arms Act was incorporated, but later on it is seen removed.

(3.) The prosecution case, in brief, is that on 04.08.2020 at about 8.30 PM at Valakkuda in Kannamangalam Amsom, the de facto complainant allegedly trespassed into the office of the 1st applicant, armed with a pistol and the allegation is that the applicants in furtherance of the common intention, beat him up, causing lacerated wounds all over the body and in particular over the scalp, which could have proved fatal and thus attempted to commit culpable homicide in furtherance of the common intention.