SIJO RAJAN 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.803/2020 of Nedumbassery Police Station for having allegedly committed offences punishable under Sections 294(b), 324 & 308 of IPC.

(2.) The prosecution case, in brief, is that on 23.07.2020 at about 5.30 p.m. the applicant had owing previous enmity towards the de facto complainant, attacked him with a stick after hurling abuses at him and the blow, which was aimed at his head, was evaded by him, otherwise would have landed on his head causing even his death. Thus the applicant attempted to commit culpable homicide.

(3.) The applicant states that the allegations are not true and he is innocent. He has been in custody since 17.09.2020 and therefore further incarceration may not be necessary, as he has no other criminal antecedents.