(1.) The petitioner who is undergoing incarceration since 17/8/2021 in connection with Crime No.614/2021 of Thenmala Police station registered for the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code has moved this application for his release on bail under Sec. 439 of the Code of Criminal Procedure.
(2.) The prosecution allegation is that the petitioner due to his enmity towards one Arunkumar, with the intention to cause his death on 5/8/2021 at about 8.30 p.m attacked him and hacked him with a sword, a deadly weapon and caused fatal injuries along with the 2nd accused. Though Arun Kumar was rushed to the hospital for treatment he succumbed to the injuries and thereby the petitioner has committed the aforesaid offences.
(3.) Heard the learned counsel for the petitioner as well the learned Public Prosecutor.