MUHAMMED ISMAIL 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 20.01.2021 at about 3.30 p.m, at Navaikulam Village, the applicant allegedly trespassed into a shop owned by the de facto complainant, who is none other than the applicant's own brother in law and due to the previous enmity towards him with respect to a property dispute, with the intention to murder the de facto complainant, the applicant allegedly hurled abuses at him and assaulted him with a dangerous weapon like a knife and causing five injuries, including a fracture of the left hand, and thus attempted to commit murder.

(3.) The applicant states that he is innocent and that the allegations are not true. He has no criminal antecedents. The recovery has already been completed. He has been in custody since 23.01.2021. Further detention of the applicant may not be necessary. The applicant was attacked by the de facto complainant on the same day, in consequence of which Crime No. 115/2021 of Kallambalam Police Station has been registered against the de facto complainant for offences punishable under Sections 341, 323 r/w Section 34 of IPC. The applicant states that he is willing to abide by any conditions.