DHANUSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application is filed under Sec. 439 of Criminal Procedure Code (Cr.P.C.)

(2.) The petitioner is the 1st accused in Crime No.1597/2023 of Fort Police Station, Thiruvananthapuram District. The above case is registered against the petitioner alleging offences punishable under Ss. 143, 144, 147, 148, 326, 307, 341, 294(b), 323, 324 302 r/w 149 of the Indian Penal Code.

(3.) The prosecution case is that on 21/11/2023 at about 5.30 p.m., near Karimadhom colony turf, the accused, eight in number, formed themselves into an unlawful assembly armed with dangerous weapons and attacked one Arshad, Al-Ammen and the defacto complainant and murdered Arshad. It is alleged that, when the 3rd accused caught hold of both the hands of Arshad and exhorted to kill him, the 1st accused stabbed him on his chest, causing a deep injury, resulting in his death. Then, the 2nd accused hacked Al-Ameen, using a chopper, causing injuries on his hand and accused Nos.4 and 5 fisted him and stamped him. When the defacto complainant intervened, the 3rd accused hit him on his head using a piece of concrete block and he fell down. It is also alleged that accused Nos.6 to 8 stabbed him. Hence, it is alleged that the accused committed the offence.