NOUFEEK Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioner is the accused in Crime No.686 of 2023 of North Town Police Station, Ernakulam. He allegedly had committed the offences punishable under Sec. 323, 324 and 308 of the Indian Penal Code, 1860.

(3.) The prosecution case is as follows: At about 00.30 a.m on 14/4/2023, the defacto complainant and his friend Ajmal were standing in front of a restaurant at Deshabhimani Junction in Elamkulam village, chatting with each other. The petitioner had previous enmity towards the friends of the defacto complainant Ashkar and Nazakath. The petitioner approached them and brandished a knife towards Ashkar and Nazakath. The defacto complainant tried to intervene. In that course, the petitioner stabbed the defacto complainant causing him injuries. The petitioner slashed the knife towards the chest of the defacto complainant with the knowledge that his act would result death of the defacto complainant. Since the defacto complainant warded off, he could avoid fatal injury, but he sustained injury at his left hand.