SURESH S.MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashing Annexure-A12 order passed by the Court of Session, Alappuzha by which it granted the privilege of pre-arrest bail to the second respondent.

(2.) The petitioner is the de facto complainant in the case. The second respondent is the first accused in the case registered as Crime No.1351/2020 of the Cherthala Police Station under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 of the Indian Penal Code.

(3.) The prosecution case is as follows: There was dispute between the de facto complainant and the first accused regarding the use of a way. The de facto complainant had instituted a suit against the wife of the first accused in relation to that dispute. On 30.06.2020, at about 16.45 hours, accused 1 to 6 tried to construct a fence on the disputed way. When the de facto complainant made attempt to restrain them, the first accused made a command to the other accused to beat and kill him. Then the other accused hit the de facto complainant with their hands and kicked him. Accused No.6 cut the de facto complainant with a sickle, aiming the blow on the head but the de facto complainant evaded the blow and it fell on the side of his head, causing injury there.