NELSON 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 18.10.2019 at about 8.30 p.m. the accused Nos.1 to 3 together with six identifiable persons formed an unlawful assembly contacted the de facto complainant over mobile phone and asked him to purchase liquor from the beverages outlet located near his residence and come to the scene of occurrence situated at Kacherry -Mullapadam and when the de facto complainant reached there as directed by them, he was allegedly beaten up, hurled with abuses and wrongfully restrained and attacked him by kicking and fisting. The de facto complainant was thereafter threatened by the knife point and the 1st accused allegedly poured petrol over him and ignited a match stick intimidating that he would be set on fire, but thereafter the attempt was abandoned and the de facto complainant was taken home.

(3.) The de facto complainant has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled between the applicant and the de facto complainant and therefore he has no objection in granting bail to the applicant.