ROOPESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these applications are filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

(2.) Bail Application No.1807 of 2023 is filed by the 1st accused and the Bail Application No.2087 of 2023 is filed by the accused Nos.2 to 5 in Crime No.10/2023 of Meppadi Police Station. The offences alleged are punishable under Ss. 302, 324, 109 r/w 34 of IPC.

(3.) The prosecution case, in short, is that on 1/1/2023 at 01.30 hours, there occurred an altercation between the first accused and the friends of the deceased Murshid for the reason that the friends of the deceased smoked cigarette at Karppoorakkad road junction and during the altercation, the first accused took possession of the key of the scooter of one Sidharth and the same was questioned by the deceased Murshid, the injured Nishad and their friends and because of that enmity and abetment of the accused Nos. 2 to 5, the first accused stabbed the deceased Murshid and his friend Nishad and subsequently the injured Murshid succumbed to his injuries while on the way to Medical College Hospital, Kozhikode. It is also alleged that the accused persons committed the act in furtherance of their common intention and that Nishad sustained grievous injuries on his stomach and the accused persons are thereby alleged to have committed the offences as aforesaid.