VISHAK R. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in B.A.No.5290/2022 are accused Nos.3 and 11 while petitioners in B.A.No.5924/2022 are accused Nos.7 and 9 in Crime No.277/2022 of Vallikkunnam Police Station, Alappuzha District alleging offences under Ss. 143, 144, 147, 148, 149, 323, 324, 326 and 307 of the Indian Penal Code, 1860. They seek pre-arrest bail.

(2.) According to the prosecution case, on 26/5/2022, the accused on account of an animosity with the friend of the defacto complainant and with the intention of assaulting him and his family, formed themselves into an unlawful assembly and assaulted the defacto complainant and his friend with dangerous weapons like iron rods, hockey sticks and with the free wheel of a vehicle and when the defacto complainant ran away from the scene fearing assault by accused 1 and 3, six other accused who were waiting for them with iron pipes and wooden rods assaulted the defacto complainant mercilessly causing serious injuries and fracture of the skull and thereby the accused committed the offences alleged against them.

(3.) Sri.M.R.Sasith, the learned counsel for the petitioners contended that the entire prosecution case is false and the incident as alleged had not occurred. He further submitted that in any event, the 10th accusedwas granted bail in BA.No.5143/2022 and therefore considering the nature of the allegations in the FIR, the 11th accused ought to be released on bail.