SHERVIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C by the sole accused involved in Crime No.1404/2018 of Hill Palace Police Station, Tripunithura. The Crime was registered against him for the offences punishable under Sections 323 & 308 IPC, Section 3 r/w Section 25(1-B)(a), Section 5 r/w Section 27(1) of the Arms Act.

(2.) The case of the prosecution was that the petitioner and his friends and the defacto complainant and his friends were in enmical terms since long. On 28.08.2018 at about 8 p.m. while the defacto complainant and his friends were sitting near the house of the defacto complainant, the defacto complainant called two persons, who were proceeding through the road in front of his house in a motor cycle. When they approached the defacto complainant, they were told that they were called mistakenly and then they left. At about 8.30 p.m., with intention to assault the defacto complainant and his friends, the accused came in front of defacto complanant's house, hit him with his hands and pointed an air pistol towards him to threaten him. The same got fired. Thereafter the accused also hit Renjith on his chest and inflicted injuries.

(3.) The allegations are raised in the FIS, lodged before the Hill Palace Police and accordingly the crime in question was registered incorporating the offences as aforesaid. The petitioner was arrested on 29.08.2018. He was produced before the jurisdictional court and remanded to judicial custody. Since 29.08.2018, the petitioner is continuing in custody. In the aforesaid circumstances this application is moved seeking Regular Bail.