NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application for regular bail filed by accused No.7 in Crime No.678 of 2020 of Ottappalam Police Station.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

(3.) The prosecution allegation is that at about 22.00 hours on 31/5/2020, the accused formed into unlawful assembly armed with deadly weapons with knowledge that they are all members of the said assembly with intention to murder the defacto complainant and his brother Vinod, due to previous animosity. Thereafter, the seventh accused restrained the defacto complainant, who was coming on a motor cycle. Subsequently, accused Nos.1, 3 and 10 assaulted the defacto complainant with sword and accused Nos.2, 4 and 8 assaulted the defacto complainant by using iron pipes. Thereafter all the accused assaulted the defacto complainant. When the brother of the defacto complainant Vinod reached the place of occurrence, the second accused beat on his head with an iron pipe. When Vinod fell down, the first accused cut him with a sword. The third accused cut his hand with a sword. Accused Nos.5, 6 and 11, beat and kicked on his head, left hand and both legs. As a result of the same, on 22/6/2020, Vinod succumbed to death. On this premise, the prosecution alleges commission of offences punishable under Ss. 143, 144, 147, 148, 341, 323, 324, 307 and 302 r/w 149 of the Indian Penal Code.