VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Anticipatory bail filed by accused Nos.1 and 2 in Crime No.146/2023 of Pudukkad Police Station, Thrissur, is the crux of this petition.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the case diary materials as well as the medical records in this matter.

(3.) The prosecution allegation is that at about 11 a.m on 13/2/2023 the defacto complainant Benny K.Jose and his father Jose, were assaulted by the accused herein with intention to commit culpable homicide. The specific allegation is that a dispute arose as an outcome of an e-mail message. The allegation is to the effect that accused Nos.1 and 2, who are partners of Nellayi Kalan Pharmaceuticals, assaulted the defacto complainant and his father. The specific allegation is that Paul Varghese, the 2nd accused herein, hit down the defacto complainant and then Varghese, the 1st accused, who is the father of the 2nd accused, also reached the place of occurrence along with paper weight. Thereafter he had attacked the defacto complainant and his father with a knife and while defending the attack, the father of the defacto complainant sustained nasal injury. Thereafter Paul Varghese (A1) hit on the face of the father of the defacto complainant using paper weight. In consequence thereof, the father of the defacto complainant sustained serious injuries including fracture. This is the base on which the prosecution alleges commission of the offences punishable under Ss. 341, 323, 324, 326, 308 and 506 r/w Sec. 34 of the Indian Penal Code.