ABHINAND Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by the 4th accused in Crime No.278 of 2023 of Kilikolloor Police Station, Kollam, under Sec. 439 of the Code of Criminal Procedure.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant materials, including the case diary and treatment records of the defacto complainant.

(3.) The prosecution case is that accused 1 to 3 along with 4 other identifiable persons formed into unlawful assembly with knowledge that they are all members of the said assembly, armed with deadly weapons and then assaulted the defacto complainant and his brothers Vishnu and Gokul at 9.30 p.m on 26/2/2023 with intention to cause grievous hurt, while they were watching festival of Peroor Karunalloor Bhagavathi Temple. The specific allegation is that accused 1 and 2 wrongfully grabbed Vishnu, who is one of the brothers of the defacto complainant, and pushed him. When Vishnu questioned the above act, accused 1 and 2 hit Vishnu with hands and kicked him down. When the defacto complainant and Gokul (another brother of the defacto complainant) went to help their brother Vishnu, they were also attacked by accused 1 to 3 along with 4 other identifiable persons. The specific allegation is that the 1st accused beat on the face of Vishnu by using a stone. The further allegation is that 2 ¼ sovereigns of gold chain having value of Rs.85,000.00 also was stollen away by the accused. On these bundle of overt acts, prosecution alleges commission of offences punishable under Ss. 143, 147, 148, 341, 294(b), 323, 324, 326, 427, 149 of the Indian Penal Code.