JOTHISH Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition for anticipatory bail has been filed by accused Nos. 1 to 7 in Crime No. 572/2024 of Mangalam Dam Police Station registered alleging the commission of offences punishable under Ss. 126(2), 239(4), 115(2), 118(1), 110, 74 r/w 3(5) of the Barathiya Nyaya Sanhitha 2023.

(2.) The prosecution allegation can be epitomized as follows: The accused were naturing an animosity towards the de facto complainant, as he had given a statement to the police against the 1st accused in a criminal case registered earlier. Due to the said animosity, on 24/11/2024 at 9 PM, the brother of the de facto complainant named Sri. Rajeev was riding a motorbike, and the 1st accused intercepted the said motorbike. On seeing the same, when the de facto complainant intervened and questioned the 1st accused, the accused abused the de facto complainant in filthy language. In the meantime, the 2nd and 3rd accused wrongfully restrained the de facto complainant and kicked him. Then the 1st accused stabbed the head, forehead, and chin of the de facto complainant using a chisel causing serious injuries. On hearing the alarm raised by the de facto complainant when his siblings and wife rushed to the spot, accused Nos. 2 to 7 uttered obscene words and assaulted them. The 1st accused also committed mischief by destructing the mobile phone of the de facto complainant causing a damage to the tune of Rs.50,000.00. Hence, the accused are alleged to committed the offences mentioned above.

(3.) I heard both sides in detail and perused the available records.