LILIL KUMAR. M N Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 and 2 in Crime No.8/23 of Sulthanbathery Poilice Station, Wayanad, seek anticipatory bail in this petition filed under Sec. 438 for the offences punishable under Ss. 341, 324, 308 r/w 34 of the Indian Penal Code.

(2.) Heard the learned counsel for the petitioners as well as the learned Public Prosecutor and Advocate N.Anand, who appeared for the defacto complainant.

(3.) The prosecution case is that at about 00.30 hours on 1/1/2023 when the defacto complainant's brother Sri Renjith entered into the stage of a new year program (DJ party) at 'Saptha Resort', Polavayal, after having dinner therein, requesting a song to be sung, the 1st accused Lilil and 2 other persons wrongfully restrained the defacto complainant's brother and beat on his forehead. When the defacto complainant reached at the stage, the 1st accused hit the defacto complainant on his nose and right eye with a hitting block. Accordingly, the defacto complainant sustained injuries in his head and nose. The prosecution allegation is that the accused herein assaulted the defacto complainant with intention to commit culpable homicide. Accordingly, the prosecution alleges commission of offence punishable under Ss. 341, 324, 308 r/w 34 of the Indian Penal Code.