MANU M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for per-arrest bail filed by the petitioner/A4 in Crime No.2246/2021 of Aryanadu Police Station, Thiruvananthapuram District alleging the offences punishable under Ss. 294(b), 323, 324, 341 and 308 read with Sec. 34 IPC.

(2.) The prosecution case is that the accused persons-4 in number, in furtherance of their common intention, on 16.09.2021 at 8.00 p.m., wrongfully restrained the informant and voluntarily caused hurt to him by beating, kicking as well as attempting to cause injuries to him with a chopper. Hence, the accused are alleged to have committed the offences punishable under the above mentioned Sections.

(3.) The application is opposed by the learned Public Prosecutor. It is submitted by the learned counsel for petitioner/4th accused that the petitioner was not even present at the place of occurrence and that he has been implicated as an accused only because he happened to be a friend of the 1st accused. It is also submitted that all the other accused, namely, A1 to A3, were arrested and subsequently enlarged on bail.