VIMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is thus:- Due to enmity towards the person named Vishnu who was his friend earlier and later the relationship turned severe. On 18.12.2020 at about 9.30 p.m. he came to the residence of the deceased situated at Korani in Veyiloor Village on a scooter bearing registration No. KL 22 M 9671 and took the deceased to the road at the northern gate of KIMS Nursing College situated at Veyiloor Village and there was altercation which was ensued by a scuffle between them. Their friends, who are present at the scene of occurrence attempted to interfere and prevent them from quarreling, but that did not prevent the applicant from assaulting the deceased. He was stabbed multiple types. The postmortem report indicates that the applicant had stabbed the deceased 21 times on his neck and chest and altogether the deceased had 43 antimortem injuries on his body. The applicant also sustained some injuries, but that is not grievous or serious in nature. The deceased succumbed to injuries and taken to the hospital and could not survive. The applicant also treated in the hospital.

(3.) The applicant states that he is innocent and the allegations are not true. He is willing to cooperate with the investigation. He has no criminal antecedents, therefore seeks bail. His bail application before the Sessions Court was dismissed twice stating that the investigation is still at its infancy and therefore releasing the applicant would impair the investigation. The applicant has now been in custody for 82 days and the investigation is coming towards close.