AMAL NADH Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications for regular bail.

(2.) Accused Nos.2 and 3 in the Crime No.872/2022 of Muvattupuzha police station are the petitioners in B.A. No.4042/2022 and accused Nos.2 and 3 in Crime No.361/2022 of Kalloorkkad police station are the petitioners in B.A.No.4044/2022. The offences alleged against petitioners in Crime No.872/2022 are under Ss. 341, 294(b), 506, 326, 307 r/w Sec. 34 of Indian Penal Code(IPC), whereas the offences alleged against the petitioners in Crime No. 361/2022 are 452, 294(b), 506(ii), 307 r/w Sec. 34 of IPC.

(3.) The prosecution allegation in B.A.No.4042/2022 is that, on 2/4/2022 at about 10.30 pm., the accused physically assaulted the defacto complainant and his friend at Avoli-Anikkad kavala road with dangerous weapons and caused serious injuries. It is stated that the first accused verbally abused and criminally intimidated the defacto complainant and thereafter hacked him with a chopper which struck upon the right palm of the defacto complainant when he tried to ward off the assault. The defacto complainant is said to have sustained serious injuries upon his right middle finger and ring finger. The accused no.2 and 3 are said to have wrongfully restrained the defacto complainant by getting hold of him at the time when the first accused assaulted him with a chopper. When the defacto complainant's friend tried to rescue him, the accused no.2 and 3 are said to have wrongfully restrained the friend of the defacto complainant. At that time, the first accused is said to have hacked the defacto complainant's friend also with a chopper which struck on the left palm, as a result of which the right index finger of the above person was almost chopped off. Thus the accused are alleged to have committed the offences punishable U/s. 341, 294(b), 506, 326 and 307 IPC read with sec. 34 IPC.