NIJAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for anticipatory bail.

(2.) The petitioners are the 1st and 2nd accused in Crime No. 354 of 2022 of Neyyar Dam Police Station alleging offences punishable under Ss. 55(a), 55D, 58 and 56(b) of the Abkari Act.

(3.) The prosecution allegation is that the accused having some vengeance towards the de-facto complainant, with an intention to cause bodily harm to the de-facto complainant, on 18/6/2022 at about 05.45 PM, the 1st accused telephoned the de-facto complainant and asked him to come near Kottoor telephone exchange and the 2nd accused gave a hit on the right-hand side of the hip from the back of the de-facto complainant who was urinating in the public place, threatening him by asking whether the defacto complainant would repeat the same. At that point the 1st accused using the tail of the knife caused swelling and black spot in the left eye of the de-facto complainant and the de-facto complainant's right hand palm was injured when he tried to defend the attack of the 1st accused. The de-facto complainant also fell down causing bleeding in his nose and when the people who watched the incident when tried to keep away the accused, the 1st accused hit at the de-facto complainant's mouth with his wrist and the de-facto complainant was also hit on his right cheeks when the de-facto complainant's brother questioned the act of the accused by saying that they will do it again.