VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition for regular bail has been filed by the 1st and 2nd accused in Crime No.627/2024 of Aryanad Police Station, registered alleging the commission of offences punishable under Ss. 189(2), 189(3), 189(4), 191(1), 191(3), 296(b), 351, 126(2), 115(2), 118(1) r/w 190 of Bharatiya Nyaya Sanhita (BNS), 2023.

(2.) The prosecution allegation is that, the accused Nos.1 to 8, due to a previous animosity, on 20/7/2024 at 5.30 p.m., formed themselves into an unlawful assembly with deadly weapons and in prosecution of the common object of the said assembly the 1st and the 2nd accused wrongfully restrained the defacto complainant while he was standing in the property situating near to his house. Thereafter, at around 6.30 p.m., while the defacto complainant was proceeding to his cattle shed, the 1st accused beat on the left knee of the defacto complainant using an iron rod and the 2nd accused hacked on the back side of his head using a chopper. In the meantime, the 3rd and 4th accused hit on the face and forehead of the defacto complainant using some sharp-edged weapons and four other identifiable accused beat and fisted the defacto complainant incessantly. The 3rd accused then uttered to bring petrol and match box and intimidated to set ablaze the defacto complainant and in the meanwhile, the 2nd accused poured liquor on the face and the mouth of the defacto complainant forcefully. Hence the accused are alleged to have committed the offences mentioned above.

(3.) Heard both sides and perused the available records.