THAJUDHEEN N.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is accused No.2 in Crime No. 531/2023 of Kannur Town Police Station, registered for having committed offences punishable under Ss. 341, 324, 308 er/w 34 of the Indian Penal Code and Ss. 4 r/w 25(1B) (b) 7 r/w 27 (2) of the Arms Act.

(2.) The prosecution case is that, on the previous animosity, the defacto complainant questioned the third accused as he was seen with two girls on 15/4/2023 at 1.30 P.M., while the defacto complainant and others were sitting by the side of the road at Koodathumthazha Vayal in Elayavoor, the accused Nos. 1 to 3 came in two scooters and a motorcycle. Accused Nos. 2 and 3 wrongfully restrained the defacto complainant, and the 1st accused brandished a Urumi towards the head of the defacto complainant, causing injury on his forehead and thereby, attempted to commit culpable homicide not amounting to murder. Hence, the petitioner herein/accused No.2 is alleged to have committed the offences mentioned above.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and is falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 19/7/2023, and the continued custody of the petitioner is unnecessary.