BASHA MAX Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail The petitioners are the accused in Crime No.280/2022 of Anchal Police Station, Kollam District alleging commission of offences under Ss. 324 and 307 r/w 34 of the Indian Penal Code.

(2.) The allegation against the petitioners is that they attacked the de facto complainant with nunjack and an iron rod, as a result of which the de facto complainant suffered some injuries. It is alleged that had the de facto complainant not been able to evade the attack, the same might have resulted the death of the de facto complainant.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners were earlier members of a political organization and had changed allegiance later, as a result of which an altercation took place between the petitioners and the de facto complainant and actually the de facto complainant had attacked the petitioners. It is submitted that a crime No.283/2022 of the very same Police Station has been registered against the de facto complainant in this regard. It is submitted that the de facto complainant managed to get his case registered as the earlier case owing to the political influence. It is submitted that the the petitioners have been in custody from 4/3/2022 and further detention is not necessary in the facts and circumstances of the case.