MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.PC.

(2.) The prosecution case, in brief, is that on 01.12.2020 at about 4.30 AM, the accused allegedly attacked his brother, the de facto complainant, with a chopper while he was sleeping, and inflicted lacerated injuries on his forehead and abrasions all over the body and thus attempted to commit murder. The applicant states that the allegations are not true and that he had no intention or motive to commit murder. It is stated that the applicant and the de facto complainant were having alcohol and subsequently, there was an altercation between them with regard to an old dispute on the property which led to a scuffle and the de facto complainant sustained some injuries. The applicant had no intention or motive to commit murder. Hence, offence under Section 307 IPC is not attracted. It is only because earlier he was involved in a crime for offence under Section 302 IPC that this crime is registered under Section 307 IPC. The injuries were not life threatening and the de facto complainant has been completely recovered from the injuries.

(3.) Heard the learned counsel for the applicant and the learned Public Prosecutor.