SHAMSEER. P.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

(2.) The petitioner is the accused in Crime 646/2023 of Mattannur Police Station, Kannur District, for having allegedly committed offences punishable under Ss. 341, 323, 326 and 308 of the Indian Penal Code.

(3.) The prosecution case is that, on 18/6/2023 at about 9.00 PM, from the house of the defacto complainant, because of the previous grudge, the petitioner/accused, her own brother, assaulted the defacto complainant on her hands and legs. lt is also alleged that the accused wrongfully restrained her friend and assaulted him on his forehead with a hammer. He sustained grievous hurt on the head. He had again attempted to hit on the head, which was prevented by the father of the de facto complainant. Otherwise, her friend would have sustained grievous hurt and caused death, thereby committing the offence.