JIBIN GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

(2.) The applicant is the accused No.1 in Crime No.170/2025 of Ettumanoor Police Station, Kottayam District. The offences alleged are punishable under Ss. 296(b), 351(1), 126(2), 115(2), 121(2) and 103(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).

(3.) The prosecution case, in short, is that the accused No.2 and the de facto complainant were conducting pan shops nearby the Excalibur bar, situated adjacent to the M.C. Road at Thellakom. Due to his enmity towards the de facto complainant, the accused No.2 instigated the applicant, who has criminal antecedents, to assault and abuse the de facto complainant, in furtherance of the said abetment and instigation, on 2/2/2025 at about 11.30 p.m., the applicant went to the pan shop conducted by the de facto complainant, abused her with obscene words and criminally intimidated her by exhorting to set ablaze her pan shop and only the pan shop of the accused No.2 need be conducted there; then the applicant kicked the de facto complainant and caused her to fall down and when her relative Bineesh intervened, he assaulted him also. At that time Syam Prasad, a Civil Police Officer, attached to Kottayam West Police Station came there while he was returning after his duty; then the de facto complainant requested him to intervene and call the police; then Syam Prasad, a Civil Police Officer, who is duty-bound to prevent cognizable offences alighted from his motorbike and approached the scene of occurrence and recorded the video of the incident on his mobile phone, which enraged the applicant, who also felt that Syam Prasad was supporting the de facto complainant. Due to the said enmity, the applicant with intent to cause the death of Syam Prasad, exhorted him to call the police and punched him on the left side of his neck and pushed him down to the ground; while Syam Prasad was lying in the supine position on the ground, the applicant, with intent to cause death, hit on his chest with his right knee; when he was obstructed by the second witness, he assaulted him also; then with knowledge that it may cause death, the applicant kicked on the chest of Syam Prasad forcibly, causing fracture of ribs. Syam Prasad sustained fatal injuries and succumbed to the same, while being treated at the Caritas Hospital and thereby committed the offences.