HASHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C. The applicants in B.A. No.6106/2020 are accused 2, 4 and 5 while the applicants in B.A.No.6517/2020 are accused 1 and 3 in Crime No.1879/2020 of Sasthamcotta Police Station for having allegedly committed offences punishable under Sections 143, 147, 148, 447, 294(b), 324, 326 and 307 r/w Section 149 of IPC.

(2.) The prosecution case, in brief, is that owing previous enmity towards the de facto complainant on 29.08.2020, the applicants formed an unlawful assembly and in prosecution of common object of that unlawful assembly, they committed riot armed with deadly weapon like sword and trespassed into the shop of the de facto complainant and allegedly hacked him with sword causing grievous injuries and attempted to commit murder and thereby the applicants were implicated in the aforesaid crime.

(3.) The applicants 2, 4 and 5 were arrested on 15.09.2020 while accused 1 and 3 were arrested on 12.09.2020. Custodial interrogation of the applicants is over. It is submitted that none of the applicants have any criminal antecedents. The de facto complainant has not sustained any fatal injuries and he is out of danger. They are willing to co-operate with the investigation and abide by any condition. Therefore, they may be released on regular bail.