ROBIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

(2.) The applicants are accused Nos.1, 2 and 3 in Crime No.46/2020 of Chanthanoor Police Station, for having allegedly committed offences punishable under Sections 323 , 307 r/w Section 34 of the IPC.

(3.) The prosecution case, in brief, is that on 16.01.2020, the de facto complainant and his friend one Ajeesh had come near the Kotheri Shri Dharmashastha Temple in connection with a "Ganamela" being conducted there. It is alleged that the defacto complainant and his friends indulged in dancing in front of the stage causing a nuisance to the audience. The interference by temple authorities did not yield results. The applicants allegedly interfered and assaulted them. A1 was wielding a weapon like a sword, and he had attacked the de facto complainant and his relative Ajeesh with the sword resulting in incised injuries all over the body, in particular over the scalp. Thus the accused attempted to commit murder. There was some resistance by the de facto complainant and his friends, in consequence of which A2 also sustained some injuries including a nasal bone fracture. It is submitted that the accused 1 and 2 who are brothers are orphans living with their Aunt Beena Jayaraj. On 27.01.2020, she filed Annexure A4 complaint before the District Police Commissioner regarding the injuries sustained to the applicants due to assault by the de facto complainant and his friends. It is submitted that no case was registered against the de facto complainant and others. It is further submitted that the de facto complainant and his friends are all having criminal antecedents whereas the applicants do not have any criminal antecedents and therefore, it can be understood that they were the aggressors. Under the circumstances, the applicants seek pre- arrest bail. They are willing to co-operate with the investigation.