HARIKRISNHNA P.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 438 of the Code of Criminal Procedure, 1973("Code', for short), for an order of pre-arrest bail.

(2.) The petitioner is the second accused in Crime No.2002/2023 of the Angamali Police Station, Ernakulam, registered against the accused (three in number) for allegedly committing the offences under Ss. 341, 323, 324, 307 r/w Sec. 34 of the Indian Penal Code.

(3.) The concise case of the prosecution case is that: around 2.45 a.m. on 17/12/2023, out of previous animosity between the accused and the de facto complainant, the accused 2 and 3 pushed the brother of the de facto complainant towards the wall with an intention to kill the injured, and the first accused took a knife out of his pocket and stabbed on the head of the injured. The injured sustained serious injuries, including a fracture to his skull and bleeding from in his brain. The accused 2 and 3 facilitated the first accused to do the said act. Thus, the accused have committed the above offences.