RAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the applicant under section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.411 of 2018, registered with Kadakkal Police Station, for offence punishable under Sections 143, 147, 148, 341, 294(b), 323, 324, 326 and 308 r/w Section 149 of the IPC. He has been arrayed as the 7th accused in the said crime.

(2.) The prosecution allegation is that owing to previous enmity, the applicant along with rest of the accused intercepted the car in which the de facto complainant and others were travelling on 3.3.2018 at 9.30 p.m., and thereafter attacked them with weapons. Serious injuries were inflicted by accused Nos. 1 and 2 and the accused Nos. 3 to 6 are alleged to have attacked the de facto complainant and his friends with sticks. Insofar as the applicant herein is concerned, the allegation is that he attacked the victims with sticks.

(3.) The learned counsel appearing for the applicant submitted that the allegations levelled against him are false and frivolous. According to the learned counsel, the accused Nos.3 and 5 against whom specific overt act has been alleged were granted regular bail by this Court by order dated 5.4.2018. The learned counsel would also refer to the order dated 9.4.2018 in B.A. No.2519 of 2018 to contend that the 6th accused in the instant crime has been granted an order of anticipatory bail by this Court finding that there is no specific allegations against her.