JIJIN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner herein is the 3rd accused in Crime No.350 of 2022 of Anthikad Police Station alleging commission of offences punishable under Ss. 341, 324 and 307 read with Sec. 34 of the Indian Penal Code. The allegation against the petitioner and others is that on 12/3/2022 at about 9.40 in the night, in furtherance of their common intention, accused 1 and 2 assaulted the defacto complainant by using swords.

(3.) The contention of the petitioner is that even though he is arrayed as 3rd accused, there is absolutely no overt act alleged against him. He further contended that he is absolutely innocent of the charges levelled against him and he has been falsely implicated in the crime. It is also contended that there has been longstanding enmity between accused 1 and 2 in the case and the defacto complainant and in fact the petitioner was also assaulted by the said defacto complainant about three months back and on the basis of the complaint lodged by the petitioner Annexure-A FIR was registered as Crime No.139 of 2022 of Nedupuzha Police Station on 11/2/2022 and it is only on that enmity the name of the petitioner was also given by the defacto complainant. It is further submitted that he has no other criminal antecedents and not involved in any other crime. Though he has moved an application for bail before the Sessions Court, Thrissur as Crl.M.C.No.397 of 2022, the same was dismissed as per Annexure-B order dtd. 7/4/2022.