NISHAD H Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the 2 accused in crime No. 271/2023 of Kottiyam Police Station, Kollam, where the prosecution alleges commission of offences punishable under Sec. 294(b), 323, 324, 307 r/w 34 of IPC.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and the learned counsel representing the counsel for the defacto complainant. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

(3.) The prosecution case is that, at about 10.30 pm on 21/2/2023, due to previous animosity accused Nos. 1 and 2 abused and assaulted the defacto complainant with intention to commit his murder. Accordingly, the defacto complainant was brutally manhandled by accused Nos. 1 and 2 and in consequence thereof the defacto complainant sustained multiple injuries including serious fracture, though he survived. On this premise the prosecution alleges commission of the above offences.