SAJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code .

(2.) The petitioners are accused in Crime No.239/2023 of Adoor Police Station, Pathanamthitta. The above case is registered against the petitioners alleging offences punishable under Ss. 143,144,147,148,427,449 and 302 r/w 149 of IPC. The offence under Sec. 11(1)(a) of Prevention of Cruelty to Animals is also alleged.

(3.) The prosecution case is that, on 19/2/2023, at about 10.45 p.m. at Ozhukupara in Enadimangalam village, accused persons in prosecution of their common object, formed themselves into an unlawful assembly with deadly weapons such as stick, iron rods and chopper and trespassed into the courtyard of Vadkkecharuvil house, wherein the deceased Sujatha was resided. It is also alleged the accused demolished the doors and windows with iron rods and sticks. Thereafter, the accused persons trespassed into the house by breaking open the kitchen door of the house with a chopper and caused injury to the dog which was tied inside the room by beating and hacking. It is also alleged that the accused attacked the deceased Sujatha with dangerous weapon on her head. The deceased sustained serious injuries and succumbed to injury on 20/2/2023. It is also alleged that the accused persons vandalized the furniture and other household articles kept inside the house and thrown the same into a nearby well. Hence, it is alleged that the accused committed the offence.