SALESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 of Cr.P.C. The applicant is common in these two applications for bail. B.A. No.560/2021 is filed in Crime No.1186/2020 of Anthikad Police Station, Thrissur for offences punishable under Sections 341, 323, 324, 294(b), 506, 363 and 308 r/w Section 34 of IPC. B.A. No.562/2021 is filed in Crime No.1187/2020 of the same police station for offences punishable under Sections 341, 323, 324, 363 and 308 r/w Section 34 of IPC. The offences are almost similar but in Crime No.1186/2020 offences under Sections 506 and 294(b) are also added. The alleged incidents took place on the same day.

(2.) The prosecution case, in brief, is that on 20.9.2020 at about 6.15 p.m., the applicant had in furtherance of common intention with the other accused , wrongfully restrained the de facto complainant in Crime No.1186/2020 and assaulted him with dangerous weapons like sword sticks, choppers, iron rod Bail Appl.NoS.560 and 562 OF 2021 etc. and caused injuries to him and he was also hurled with abuses. The incident pertaining to Crime No.1187/2020 occurred on the same at about 11 P.M.in that it is alleged that the applicant had in furtherance of common intention with the other accused wrongfully restrained the de facto complainant and assaulted him after having kidnapped in both crimes. The de facto complainants are different.

(3.) The applicant states that he is innocent and the allegations are not true. He has approached this Court for anticipatory bail and the same was disposed of by this Court on 02.12.2020 directing him to surrender before the investigating officer. Accordingly, he surrendered on 17.12.2020 and has been in custody since then. The applicant states that he has been subjected to custodial interrogation and there is nothing more to be recovered from him and therefore he may be granted bail.