RAJESH P.R @ GOPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of Cr.P.C by 6th and 7th accused involved in crime No.745 of 2018 of Ponkunnam Police Station, Kottayam District punishable under Sections 143, 144, 147, 148, 341, 447, 427, 506(ii), 326 and 307 r/w Section 149 of Indian Penal Code.

(2.) The allegation of the prosecution was that on 23.06.2018 at about 8 p.m in front of the residence of the defacto complainant at Padanilam, the petitioners wrongfully restrained a car in which the husband of the defacto complainant entered into the courtyard and attacked him with deadly weapons like sword sticks. He sustained grave injuries on his right shoulder, the right elbow, left palm, right thigh and stab injuries on the right side of ribs and back of his body. They also caused damages to his car. The wife of Sri. Revi M.N, the injured lodged FIS before the Ponkunnam Police, following which, the crime in question was registered.

(3.) According to Sri.P.Vijaya Bhanu, the learned senior counsel, the role attributed by the prosecution to these petitioners was throwing off petrol bombs at the scene of occurrence. According to him by the overt acts attributed to these petitioners, the injuries allegedly sustained are unlikely to be inflicted. The learned counsel has also pointed out that all other accused except these petitioners were enlarged on bail by the Court of Sessions, Kottayam vide Order dated 11.09.2018. It is also pointed out by the learned counsel that the persons who were enlarged on bail were actually responsible for inflicting the injuries. According to him these petitioners were taken into custody on 28.06.2018 and has served 74 days and that is a sufficient reason to grant bail to them.