MUJEEB KOYAKUTTY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who is the first accused in Crime No.62/2007 of Panniyankara Police Station for offences punishable under Sections 341, 307 and 302 IPC read with Section 34 IPC, seeks his enlargement on bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) The case of the prosecution is that at about 8.30.p.m on 31.1.2007, the defacto complainant and his friend while sitting on a corporation ground saw all the three accused persons consuming liquor. After 15 minutes, the accused picked up a quarrel with the defacto complainant and then went away. Consequently at 9.15 p.m., the accused 1 to 3 came there in a motorcycle and obstructed the defacto complainant and Mahesh. The first accused took out a soda bottle and beat the defacto complainant who fell down. Thereafter, the first accused took out a knife and stabbed him. When Mahesh intervened to prevent the first accused from stabbing the defacto complainant, he was also stabbed. In that attempt Mahesh succumbed to the injuries on the way to the hospital.