AJI KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail. The petitioners are the accused Nos.1 and 2 in Crime No.940/2021 of Ezhukone Police Station alleging offences punishable under Sections 452, 427 and 308 read with Section 34 of the Indian Penal Code. The complaint was registered on the basis of the First Information Statement given by one Nithin, who is nephew of the petitioners. The allegations against the petitioners are that on account of some dispute relating to property, they entered into the house of their sister Vasanthakumari and attacked Vasanthakumari, her mother Omana (also mother of petitioners 1 and 2) and children of Vasanthakumari namely Nithin, (the defacto complainant) and Sudhin, his younger brother.

(2.) The learned Public Prosecutor on instructions submits that the allegations against the petitioners is that they had attacked their mother, their sister and her children and that as a result of such attack, all the aforesaid persons sustained injuries. It is also submitted that the allegation being that the defacto complaint and his family were attacked using a sword and a stick recovery under Section 27 of the Evidence Act may be necessary and for this purpose, the petitioners may be directed to surrender before the Investigating Officer. However, it is also submitted that the petitioners have also sustained injuries.

(3.) Having considered the submissions made by the learned counsel for the petitioners and the learned Public Prosecutor, I am of the opinion that this application can be allowed subject to conditions.