ANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioners are accused Nos.2 to 6 in Crime No.486 of 2022 of Thenmala Police Station, alleging commission of offences punishable under Ss. 143, 145, 147, 148, 149, 341, 294(b), 323, 324, 326 and 308 of the Indian Penal Code.

(3.) The prosecution case is that on 7/6/2022 at about 9.30 hrs, accused 1 to 6 in furtherance of their common object wrongfully restrained the defacto complainant and criminally intimidated him and thereafter A1 had beaten the defacto complainant on his face with a beer bottle causing fracture on his face. When the defacto complainant fell on the ground, A1 again beaten him on his head and caused injuries. A2 had also beaten the defacto complainant with an iron rod on his head which could be warded off by the defacto complainant. The other accused also attacked the defacto complainant and his relatives and caused injuries to them. According to prosecution, if the blow on the head of the defacto complainant inflicted by A2 with an iron rod had not been warded off, it would have resulted in the death of the defacto complainant and thereby the accused committed the aforesaid offences.