ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed under Sec. 439 Cr.P.C by the 2nd accused in Crime No.321/2024 of Vadakkekad Police Station. The offences alleged against the petitioner are under Ss. 341, 324, 308 r/w 34 IPC.

(2.) The Prosecution case is that on 13/4/2024, at about 1 am., the accused persons 1 to 4 blocked the car of the defacto complainant, that accused Nos.2 and 3 brandished a knife towards the defacto complainant and voluntarily caused hurt to him. It is also alleged that if the defacto complainant did not evade the blow inflicted by the 3rd accused towards his neck, the same would have even resulted in his death.

(3.) According to the learned counsel for the petitioner, in fact the defacto complainant along with others were attacking him and his friend and in that respect, Vadakkekad Police registered Crime No.320 of 2024. The petitioner has produced copy of the FIR in Crime No.320/2024. As per the above FIR, the defacto complainant herein along with four others wrongfully restrained the petitioner herein and voluntarily caused hurt to him and beat him with a helmet. The offences involved in the above crime are under Sec. 143, 147, 148, 341,323,324, 308 r/w 149 IPC.