NISHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by accused persons 3 and 5 in Crime No.320/2024 of Vadakkekkad Police Station, Thrissur. The offences alleged against the petitioners are under Ss. 143, 147, 148, 341, 323, 324, 308 read with Sec. 149 of IPC.

(2.) The prosecution case is that, on 14/4/2024, at about 2 pm, the accused persons 1 to 5 formed themselves into an unlawful assembly with the common object of assaulting the defacto complainant and in prosecution of the common object wrongfully restrained the defacto complainant and voluntarily caused hurt to him using their hands and legs and also by using a helmet. It is also alleged that if the defacto complainant did not evade the blow inflicted by the third accused using the helmet, the same would have even resulted in his death. The petitioners were arrested on 15/4/2024 and since then they are in custody.

(3.) According to the learned counsel for the petitioners, the petitioners are innocent persons and that they were falsely implicated in this case. It was further contended that it was the defacto complainant along with his men attacked the petitioners and their friends and in that respect, Vadakkekkad Police registered Crime No.321/2024. Therefore, they prayed for allowing the bail application.