HARIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Section 439 Cr.PC.

(2.) The applicants are accused 1 to 4 in Crime No.457/2020 of Palakkad Kasaba Police Station for having allegedly committed offences punishable under Sections 452, 324, 326, 307 and 120B read with Section 34 IPC.

(3.) The prosecution case, in brief, as stated in the FI statement of the defacto complainant, Sajith, which is produced here as Annexure-3, is that on 27.6.2020 between 6.30 and 6.45 a.m, two persons, namely Vishnu and Raju who were well known to the de facto complainant came to his Teashop in a Tata-Sumo car and on a motorcycle and allegedly attacked him with dangerous weapons, like swords, and inflicted grievous injuries on him attempting to murder him. He had sustained a fracture of the elbow joint and other very grievous injuries. Two other persons whom he could identify were standing outside. Subsequently, however, the case takes a turn and the applicants are arrested on 23.7.2020 and 24.7.2020 respectively on the basis of CCTV footages acquired by the investigating officer, in which the applicants are identified as the real assailants. Hence, Vishnu and Raju were very conveniently removed from the array of accused. In the F.I.S., de facto complainant has also given reasons why Vishnu and Raju had attacked him. It is stated by him that there was an earlier clash between them in which he had inflicted injuries on Vishnu and he was also made accused in that crime and incarcerated. It is stated by him that Vishnu had then told him that he would be taking revenge and it is in retaliation of that act that the present assault had taken place on 27.6.2020.