ABIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

(2.) The Petitioner is the 5th accused in Crime No.1534 of 2020 of Chathannoor Police Station, Kollam District. The above case is registered against the petitioner and the others alleging offences punishable under Sections 143 , 147 , 148 , 341 , 323 , 324 , 326 , 294(b) , 506(i) , 509 , 308 r/w. Section 149 of the Indian Penal Code (IPC). The offence under Section 3(a) of the Explosive Substances Act is also alleged.

(3.) The prosecution case is that, the accused persons were in inimical terms with the defacto complainant and the others since they had questioned the sale of ganja by the accused persons. Due to this prior enmity, the accused formed themselves into an unlawful assembly and in prosecution of their common object assaulted one Sahul @ Unni and his mother who were standing at the public road near Kinarmukku Chirakkara. The 1st accused slapped Sahul on his left cheek. The 15th accused threatened to kill him. The 5th accused used a steel pipe and caused dislocation of his right shoulder. When he fell down, accused Nos.1,2,3,4,6,15,16 and 17 beaten and kicked him. There are other specific overt act against the other accused also.