ANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the petitioners who are accused Nos. 1 to 4 involved in crime No.1678 of 2018 of Sasthamcotta Police Station in Kollam District. The aforesaid crime was registered for the offences punishable under Sections 323, 427, 308, 506 read with Section 34 of Indian Penal Code.

(2.) The allegation of the prosecution was that, on 25.08.2018 at 10.45 p.m, while the defacto complainant was on his way to his house, the petitioners who have previous enmity with him, attacked him. The specific allegation against the first accused was that he had assualted the defacto complainant with an unknown weapon on his forehead and inflicted injuries thereon. The allegation against the second accused was that he kicked him from back and those against 3rd and 4th accused were that they assaulted him with hands and caused pain. It is also alleged that a loss to the tune of Rs.5000/- was caused to the defacto complainant in the alleged incident. Raising the allegations, FIS was lodged and that lead to the registration of the crime in question. Petitioners apprehend arrest in the crime and accordingly moved this application seeking pre-arrest bail.

(3.) According to Sri. P.V. Dileep, the learned counsel for the petitioner, the allegations of the prosecution are devoid of merits. According to him, only some minor injuries were caused to the defacto complainant in the incident and the offence under Section 308 will not be attracted on its basis. Accordingly, he pleaded for enlargement of the petitioners on pre-arrest bail.