ARUN BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 9th day of November 2020 Application for regular bail under Section 439 of Cr.P.C.

(2.) The applicant is the 1st accused in Crime No.1357/2020 of Poochakkal Police Station for having allegedly committed the offences punishable under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of the I.P.C.

(3.) The prosecution case, in brief, is that on 22.08.2020 at about 2.30 PM, the applicant along with other co-accused, totalling six in number, were members of an unlawful assembly and in the prosecution of the common object of the said unlawful assembly, they committed riot armed with deadly weapons like a beer bottle, axe, etc. and due to the previous enmity with the defacto complainant, attacked him after being wrongfully restraining him. The applicant allegedly inflicted a cut injury on the head using the axe. The other accused also assaulted and facilitated the crime. The applicant was arrested on 27.08.2020 and has been in custody. Custodial interrogation of the applicant is over the recovery of the weapon is also completed.