SUJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused Nos.1 and 2 in Crime No.187 of 2016 of the Aryancode Police Station registered under Sections 324, 326, 354, 452, 506(i) and 120B r/w Section 34 of the Indian Penal Code, and under Section 27 of the Arms Act. They seek regular bail under Section 439 of the Code of Criminal Procedure. The application filed by them for regular bail was dismissed by the Judicial First Class Magistrate -I, Neyyattinkaara on 05.04.2016. The petitioners have been in judicial custody since 13.03.2016 and 24.03.2016 respectively.

(2.) The prosecution case is that at about 10 p.m., on 28.02.2016, the petitioners and the other co -accused, as part of a criminal conspiracy, assaulted the de facto complainant and her son and inflicted serious and grievous injuries on their body due to some previous enmity.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that if the accused is now released, it will definitely obstruct the investigation. The learned Public Prosecutor submitted that the de facto complainant had sustained fracture on her left hand and that substantial part of the investigation is over.