THANSEER Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicant is the accused No.1 in Crime No.344/2023 of Mattancherry Police Station, Ernakulam. The offences alleged are punishable under Ss. 143, 147, 148, 149, 323, 324, 326, 367, 308 and 506(i) read with Sec. 34 of the IPC.

(3.) The prosecution case, in short, is that an altercation occurred on 27/2/2023 at 10 pm between the applicant and the defacto complainant. Due to that enmity, on 28/2/2023 at about 2.30 am, the applicant along with the remaining accused formed an unlawful assembly with an intention to do away with the defacto complainant. In prosecution of the common object, he assaulted the defacto complainant with a glass piece on his head and also stabbed on his stomach, with the intention to kill him and thereby committed the offences.