SHAJI K.G. 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 petitioners are the accused 1 to 4 in crime No.46/2024 of the Kenichira Police Station, Wayanad, registered against them for allegedly committing the offences punishable under Secs 341 and 323 read with Sec.34 of the Indian Penal Code ( for short, IPC). Subsequently, as per an additional report, Secs 325 and 307 of the IPC have been incorporated.

(3.) The gravamen of the prosecution allegation is that: on 26/1/2024, at around 2.30 hours, the de facto complainant's elder brother named, Manoj had hired the jeep of the first accused to drop him and the de facto complainant ('informant' in short) at the Irulam church. The first accused demanded Rs.150.00 towards taxi charges, which Manoj agreed to pay. However, when they reached their destination, the first accused demanded Rs.200.00 as the fare, which Manoj refused to pay. Immediately, the first accused called the accused 2 to 4 to the spot and all four of them assaulted the informant and Manoj with their hands and legs. The accused pushed down Manoj to the ground and kicked him on his abdomen, who turned unconscious. Manoj was rushed to the Shanta Hospital. On the following day, he was taken to the Pulpally Hospital. Since Manoj had severe pain in his abdomen, he was shifted to the MES Hospital, Sulthan Bathery. The doctor at the said hospital, referred Manoj to the Medical College Hospital, Kozhikode, where he was treated as inpatient. The incident occurred only because Manoj had failed to pay the amount demanded by the first accused. The informant can identify the accused.