VISHNU ALIAS VISHNU PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application is filed under Sec.439 of Criminal Procedure Code.

(2.) Petitioners are avcused Nos. 2,3 and 5 in crime No. 437 of 2022 of Kunnamkulam Police Station. The above case is registered against the petitioners and others alleging offences punishable under Ss. 143, 147, 148, 448, 506, 341, 323, 324, 308, 427 r/w 149 IPC. The offence under Sec. 3 read with Sec. 4 of Kerala Health Care Service persons and Health Care Service Institution (Prevention of violence and damage to property) Act, 2012 is also alleged.

(3.) The prosecution case is that on 27/3/2022 at 10.00 p.m, accused formed themselves into an unlawful assembly and attacked the de facto complainant and his brother by restraining them in front of the casualty of Government Hospital, Kunnamkulam. The 1st accused beat the de facto complainant with iron pipe on his head. The 2nd accused stabbed him with a knife on his neck and 2nd accused stabbed the brother of the de facto complainant also with a knife. When one of the injured, who was attacked by the very same accused on the same day came out of the ward of the hospital, it is alleged that the accused Nos. 3 and 4 dragged him into the varanda of the casualty. It is further alleged that accused No.1 beat him with iron pipe on his head and accused Nos. 3 to 6 kicked and beat de facto complainant and others. It is also alleged that the accused destroyed the wheel chair of the hospital and mobile phone of the de facto complainant. Hence it is alleged that the accused committed the offence. The petitioners are in custody from 1/4/2022 onwards.