MUHAMMED RAFY P. Y. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioners are accused Nos.2 to 4 in Crime No.726 of 2022 of Kunnathunadu Police Station, Ernakulam registered alleging commission of offences punishable under Ss. 341, 323, 294(b), 506 and 308 and read with Sec. 34 of the Indian Penal Code.

(3.) The gist of the prosecution case is that, on 29/10/2022 at about 7.30 p.m. at the area near Double bridge in Kunnathunadu Village, the petitioners along with the other accused persons in furtherance of their common intention assaulted the defacto complainant and his friend Aslam due to the reason that the friend of the defacto complainant had sent messages to the girl friend of the 1st accused. The 1st accused and the petitioners, who came on motor bikes and scooter, threatened the defacto complainant and his friend that they would kill them and thereafter, when the defacto complainant tried to stop the 1st accused from slapping on his friend's face, the petitioners who are accused Nos.2 to 4, hit on his face, shoulder and back. Afterwards, the 1st accused took out a deadly weapon, viz., a sword, from his vehicle and tried to swing the sword towards the neck of the defacto complainant who moved away to escape from being getting stabbed, fell down on the ground and was again attacked by the 1st accused with the said sword and thus the accused have committed the abovesaid offences.