VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.1332/2023 registered by the Vilappilsala Police Station, alleging the commission of the offences under Ss. 294(b), 324 and 308 r/w Sec. 34 of the Indian Penal Code. The petitioner was arrested on 3/11/2023 The application for bail was dismissed by the Court of Session, Thiruvananthapuram in Crl.M.C No.2980/2023 on 2/12/2023.

(2.) The prosecution case, in brief, is that: on 29/8/2023, at about 5 p.m., the accused, two in number attacked the de facto complainant with dangerous weapons and attempted to murder him. The first accused used a chopper and aimed at the head of the de facto complainant, but fortunately he evaded it and the chopper hit on the left cheek of the de facto complainant and caused a deep injury. The second accused hit the de facto complainant on his head with a fire wood. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Sabu S. (Kallaramoola) the learned counsel appearing for the petitioner and Smt. Neema P.V. the learned Public Prosecutor appearing for the respondent.