SHAJI & ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking pre-arrest bail.

(2.) The petitioners are accused Nos. 3 to 5 involved in Crime no.4217/17 of Karunagappally Police Station in Kollam District. The offences allegedly committed by them are those punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 354, 427 and 326 r/w Section 149 of Indian Penal Code. Out of their apprehension of being arrested by the Police in the crime that the petitioners moved this application.

(3.) The allegation of the prosecution was that on 05.11.2017 at 2.30pm when the defacto complainant, her husband and his brother were travelling in a car to Karunagappally, the same hit on a motor cycle, driven by the first accused, wherein the second accused was also travelling as a pillion rider. First accused questioned the husband of the defacto complainant based on the incident and there occurred an altercation followed by assault wherein the husband of the de facto complainant was assaulted and inflicted with injuries. The second accused paid abusive words at them and also caught hold of the defacto complainant, pushed her and caused her to fell down. The 3rd accused assaulted the brother of the defacto complainant and caused pain on his left foot. The fourth accused hit on the head of the husband of the defacto complainant with a soda bottle and caused pain. The 5th accused assaulted one person named Harish, who is the brother of the husband of the defacto complainant and caused injury on his palm. The 5th accused also attacked the defacto complainant with a stump and caused injuries. It is also alleged that in the incident, a gold chain belonging to the de facto complainant was also lost. It is based on these allegations that the crime in question was registered by the Police.