KIRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail.

(2.) B.A.No.7775/2023 - The petitioners are accused Nos.1 to 3 in Crime No. 1451/2023 of Muvattupuzha Police Station, Ernakulam, for having allegedly committed offences punishable under Ss. 341, 294(b), 324 and 308 r/w Sec. 34 of the Indian Penal Code. The allegation against the petitioners is that, on 29/08/2023 at 6.35 p.m., at Mariya Park bar, accused Nos. 1 to 3 / petitioners herein assaulted the defacto complainant who is working as the bar man in the above said bar, on the enmity that the defacto complainant did not give snacks on their demand. It is also alleged that the 1st accused/ 1st petitioner herein, on knowing the fact that his assault may even result in the death of the defacto complainant, assaulted him on his head with the icebox that was placed in the bar counter to which he moved away and resulted in injuries on his left side forehead and nose. It is also alleged that the 2nd accused/ 2nd petitioner herein wrongfully restrained the defacto complainant and verbally abused him. It is also alleged that the 3rd accused/ 3rd petitioner herein has assaulted the defacto complainant's friends with the ice bucket and resulting in injuries, and thereby committed the offence.

(3.) B.A.No.7781/2023 - The petitioners are accused Nos.1 to 4 in Crime No. 1450/2023 of Muvattupuzha Police Station, Ernakulam, for having allegedly committed offences punishable under Ss. 323, 324, 308 r/w Sec. 34 of the Indian Penal Code. The allegation against the petitioners is that, on 29/08/2023 at 6.35 p.m., inside the bar counter of Mariya Park Hotel, accused Nos. 1 to 4/ petitioners herein attacked and assaulted the defacto complainant and two of his friends on the enmity that they have asked for touching while consuming liquor. It is further alleged that the 1st accused/ 1st petitioner herein assaulted the defacto complainant's friend by name, Aarak, using his fist, the 2nd accused/ 2nd petitioner herein attacked the defacto complainant and his friend, Aarak, by using a small stick (kuruvadi), which resulted in injury on the right knee of the defacto complainant. It is also alleged that the 3rd accused/ 3rd petitioner herein, using his fist, attacked the defacto complainant, and when he fell down, the 1st petitioner, knowing the fact that his assault could even result in the death of the defacto complainant, used a jug, which was filled with water, tried to assault on the forehead of the defacto complainant to which he evaded and resulted in injury on the upper portion of his ears and thereby resulting in an injury of five stitches and thereby committed the offence.