BABU P.P Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners are the accused Nos.2 and 5, in crime No.202/2021 of Chalakudy Police Station. The aforesaid crime was registered against seven persons, alleging offences punishable under Ss. 143, 147, 148, 341, 323, 324, 326, 506(ii), 120(B), 354(B), 302 read with Sec. 149 of the Indian Penal Code.

(3.) The prosecution case is that, in furtherance of the common object to attack the husband of the defacto complainant, the accused persons formed themselves into an unlawful assembly on 27/3/2021 and attacked him at 6.45 a.m. while he was collecting grass for his cattle, along with the defacto complainant. The petitioners allegedly wrongfully restrained and inflicted injuries upon the victim using a hammer and iron rod. When he fell down, he was hacked with a sword. Due to the injuries sustained, the husband of the defacto complainant died. The crime was registered in such circumstances. The 1st petitioner/2nd accused was arrested on 29/3/2021, and the 2nd petitioner/5th accused was arrested on 30/3/2021. Since then, they have been under judicial detention. This application for regular bail is submitted in such circumstances.