ARUN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code, 1973.

(2.) The petitioner, Sri. Arun, is accused No.8 in Crime No. 143 of 2023 of Cherpu Police Station. The above case is registered against the petitioner and others alleging offences punishable under Ss. 143, 147, 148, 341, 342, 323, 324, 325, 326, 302, 212 and 120(B) read with Sec. 149 of the Indian Penal Code, 1860 (in short, 'IPC').

(3.) The prosecution case in brief is as follows: On 18/2/2023, at 10.30 pm, accused persons, in prosecution of their common object, formed themselves into an unlawful assembly with sticks in their hand, wrongfully restrained the victim at Chirakkal Kottam near Thiruvanikkav temple and the first accused voluntarily caused hut by repeatedly beating the victim's back side by using stick. The second accused kicked him on his stomach and leg. It is also alleged that the accused persons brutally attacked the victim by beating him with their hands and sticks and also by kicking him. In the said attack, the injured sustained grievous injuries on his backbone, ribs and internal organs and later he succumbed to the injuries. Hence, it is alleged that the accused committed the offence. The petitioner, who is accused No.8 was arrested on 17/3/203 and he was in custody from that date onwards.