ROSHAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The prosecution case, in brief, is that on 13.05.2020 at about 9 p.m. while the de facto complainant was standing in front of his house, he saw the accused persons standing on the road in front of his house and they hurled abuses at him and formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, they assaulted the de facto complainant and caused hurt to him by means of dangerous weapon like a chopper, which could have caused his death. Thus attempted to commit culpable homicide. The uncle of the de facto complainant was also assaulted.

(3.) The applicants state that they are innocent and the allegations are not true. They were arrested on 14.12.2020 and have been in judicial custody since then. They are not allegedly used any weapon. They are willing to cooperate with the investigation and seek bail.