SREEHARI Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C. Applicants are accused Nos.4, 2, 3 and 1 respectively in Crime No.2172/2020 of Kottiyam Police Station. Initially, the FIR was registered for offences punishable under Sections 143, 147, 148, 324, 326 and 307 r/w Section 149 of IPC. Subsequently, some of the persons arrayed as accused were deleted from the party array and offences under Sections 143, 147, 148 and 149 have been deleted and presently the applicants stand accused of offences committed under Sections 324, 326 and 307 r/w Section 34 of IPC.

(2.) The prosecution case, in brief, is thus: On 15.12.2020 while the de facto complainant who is the 3 rd respondent herein was riding a bike, the 4th accused purposefully hit on the back of his motorcycle with the motorcycle that the 4 th accused was travelling, as a result of that the de facto complainant fell down from his bike. Suddenly, the other accused in furtherance of common intention attacked him with dangerous weapons like chopper and sword and caused grievous injuries to him. He sustained a fracture to his right hand and also other minor injuries. However, there were no cut injury inflicted either with sword or chopper. The fracture could very well have been sustained as a result of collusion between the motorcycles.

(3.) The applicants state that they are innocent and the allegations are not true. The de facto complainant had filed a complaint under the misunderstanding that the motorcycle driven by the 4th accused was deliberately dashed on his motorcycle on which he was travelling with intention to commit murder. In consequence of that the present crime was registered.