SANTHOSH AND OTHERS Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail filed under Section 438 Cr.P.C., 1973

(2.) The petitioners are the first and the second accused in the case registered as Crime No.238 of 2018 of the Chittarikal Police Station under Sections 341, 324 and 308 read with 34 of the Indian Penal Code.

(3.) The prosecution case is as follows: The de facto complainant had stood as a surety/guarantor for two loans availed by the second accused from a bank. The second accused made default in making repayment of the loan amount in the bank. It caused difficulty to the de facto complainant in getting the services from the aforesaid bank. Therefore, the de facto complainant asked the second accused to repay the loan amount. It is alleged that on 28.05.2018, at about 16.30 hours, near the house of the de facto complainant, the first accused, who is the son of the second accused, beat the de facto complainant on his head with a wooden stick and caused hurt to the de facto complainant. The second accused reached there at that time. He beat the de facto complainant on different parts of his body with an umbrella.