AJMAL.N.H. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners are accused Nos. 7 and 8 in Crime No. 711/2023 of Aroor Police Station, Alappuzha District, for having allegedly committed offences punishable under Ss. 143, 147, 148, 341, 324, 323, 308 and 149 of the Indian Penal Code.

(3.) The prosecution case, in short, is that, due to animosity as the defacto complainant questioned the accused for assaulting his cousin, the accused in prosecution of their common object to cause hurt to the defacto complainant, on 20/8/2023 at 9 P.M., at the concrete pathway adjacent to the compound wall of the house of one Velappan, viz., Pannackalparambil in ward No.22 of Aroor panchayath, formed themselves into an unlawful assembly, armed with deadly weapons, and the 1st accused pulled the defacto complainant by holding his shirt and incessantly cut on the head and face of the defacto complainant using a chopper, causing injuries including fracture to nasal hone. The 2nd accused beat on the head of the defacto complainant using an axe, the 3rd accused with a nanjak, and the 4th accused with an iron rod beat on his head, causing injuries. In the meantime, accused Nos.5 to 8 beat, fisted the defacto complainant with their hands, and stamped him. On seeing the same, when the cousin of the defacto complainant named Nimil intervened, the 1st and 2nd accused hacked and beat on his head with the chopper and the axe and thereby attempted to commit murder and thereby committed the offence.