SHAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) BA No.7947/2023 is filed by the second accused while BA No.9128/2023 is filed by the first accused in Crime No.938/2023 of Chithara Police Station, Kollam District, for having committed offences punishable under Sec. 302 r/w Sec. 34 of the Indian Penal Code.

(3.) The prosecution case is that on 30/08/2023 at about 6 p.m., the petitioner, along with the first accused, his brother, another friend of the petitioner and the deceased, were travelling in a vehicle and came to S.S.Fuels at Chithara for filling petrol. While filling the petrol in the vehicle, a dispute arose between the first accused and the deceased. The deceased was allegedly pushed down to the ground from the vehicle, and the first accused suddenly jumped out from the vehicle took a piece of concrete tile lying there and hit on the head of the deceased. On that assault, the deceased died on the spot. It is alleged that the persons travelling in the car, also committed the crime along with the first accused, thereby committing the above offence.