JUSTIN JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail under Section 439 Cr.PC.

(2.) The applicant was originally arrayed as the second accused and subsequently, his rank was altered and now he is the first accused in Crime No.1076/2020 of Vadakkanchery Police Station for having allegedly committed offences punishable under Sections 341, 324, 294(b) and 326 r/ w Section 34 of the Indian Penal Code.

(3.) The prosecution case, in brief, is that the applicant had a strained relationship with his father. His mother, the second accused, has pending litigations with his father and they were involved in frequent squabbles. On 16.11.2020 at about 5 p.m., in order to assault him, the applicant in furtherance of common intention with his mother, wrongfully restrained the de facto complainant, and attacked him by means of a dangerous weapon like a sword and caused fracture to his leg and thus committed the offence.