LAWS(KER)-2021-3-173

BINUKUMAR Vs. STATE OF KERALA

Decided On March 19, 2021
BINUKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is that on 31.12.2020 at about 9.30 p.m., the deceased, applicant and some other friends were celebrating new year in a bar at Punalur. The deceased and the applicant got into some altercation, in consequence of which, the applicant allegedly stabbed him repeatedly with a folding knife and inflicting fatal injuries. Two penetrating wounds each were caused on the neck and head, which led to his death.

(3.) The applicant states that the allegations are not true. The applicant and the deceased were close friends. On 31.12.2020 the deceased went outside with two friends and the deceased became violent after consuming alcohol, as a result of which, there was scuffle, in which the deceased somehow sustained injuries and it was not a deliberate attack on the deceased. The deceased was the aggressor who picked up the sight. The applicant has no criminal antecedents and therefore he seeks bail, since he has been in custody from 01.01.2021 onwards.