SHAMEER Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is the accused in Crime No.1536 of 2021 of Thrikkakara Police Station, Ernakulam District, alleging commission of offences under Ss. 307, 323 and 324 of the Indian Penal Code. The allegation against the petitioner is that due to previous enmity with the de-facto complainant, which is alleged to be on account of failure of the de-facto complainant to return some money borrowed from the petitioner/accused, the petitioner stabbed the de-facto complainant using a knife caused an incised wound and further attacked the de-facto complainant using a helmet and thereby he committed the offences alleged against him.

(3.) The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that there was some altercation between the petitioner and the de-facto complainant on account of failure of the de-facto complaint to return money borrowed from the petitioner. It is submitted that the petitioner has been in custody from 12/12/2021 and his continued detention is not necessary for the purpose of investigation of the matter.