SHIBU @ KOZHI SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) These two applications have been moved by the accused involved in Crime No.1568/2018 of Kadakkal Police Station, Kollam District. B.A.No.6047/2018 was moved by the 1 st accused and B.A.No.6118/2018 was moved by the 2 nd and 3rd accused. The offences allegedly involved in the crime are those punishable under Sections 294(b), 341, 323, 324 and 308 r/w 34 IPC.

(2.) The allegation of the prosecution was that out of previous animosity and with intention to cause hurt on 2.9.2018 at 20 hrs., the first accused approached the defacto complainant at a public road at Mancode, abused him and blowed an iron rod on his head. The blow was evaded by the defacto complainant and thereby it hit on his finger and inflicted injuries. The allegations against the other accused were that by using wooden sticks they assaulted the defacto complainant and inflicted injuries. Based on the allegations, the crime in question was registered. The 1st accused was arrested on 3.9.2018 and the 2 nd and the 3rd accused were arrested on 4.9.2018. All the accused were in judicial custody and in the said circumstances these applications have been moved.

(3.) Sri.P.Anoop (Mulavana), the learned counsel for the petitioners submitted that though an offence under Section 308 IPC was incorporated into the crime, the allegations are not that much serious. According to him serious injuries were not sustained by the defacto complainant in the alleged incident. According to him the petitioners were in custody from 3.09.2018 and 4.9.2018 and this Court is justified in granting bail to them.