SUDEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos. 1 and 2 in Crime No. 11 of 2014 of the Sreekrishnapuram Police Station for the offences punishable under Secs. 323, 324, 506(ii), 294(b) and 308 r/w Sec. 34 of the Indian Penal Code, apprehend arrest and have filed this application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that on 05.01.2014 at about 6 p.m., the petitioners attacked the de facto complainant with cricket bat, stick etc. and attempted to cause his death. It is revealed that the first petitioner is involved in Crime No. 307 of 2012 of the Cherpulassery Police Station for the offence punishable under Sec. 302 of the Penal Code. The weapons are not recovered.

(3.) HAVING regard to the circumstances of the case including antecedents of the first petitioner, his request for pre -arrest bail cannot be allowed. But, it is revealed that the second petitioner is aged about 19 years. He is not reported to be involved in any other case. Hence I am inclined to grant relief to the second petitioner but subject to conditions.