JITHIN LALJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second bail application filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail.

(2.) Petitioner is the third accused in Crime No.1457/2023 of Punalur Police Station, Kollam District, for having committed the offences under Ss. 294(b), 341, 323, 324, 308 and 34 of the Indian Penal Code

(3.) The prosecution allegation is that the defacto complainant's uncle's wife expired at Punalur Taluk Hospital, and an ambulance was hired from outside to take the body of the deceased. Out of this enmity, at 1.15 pm on 13/8/2023, the accused did not allow the ambulance to enter the hospital compound and restrained the defacto complainant, his brother and uncle. The 1st accused hit on the nose of the defacto complainant. Accused Nos. 2 to 4 stamped defacto complainant. The brother of the defacto complainant interfered, he was also assaulted. The accused hit the face of the defacto complainant's uncle with an iron grill and also tried to hit on defacto complainant's head with the iron grill. He evaded the attack if the same was not evaded, it might have resulted in injuries resulting in his death and thereby committed the alleged offences.