MANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The two applicants in B.A.No.5827/2019 and the sole applicant in B.A.No.6387/2019 are accused Nos. 2, 3 and 12 respectively among the 15 accused persons in the instant Crime No. 1862/2019 of Kayamkulam Police Station which has been registered for the offences punishable under Secs. 143, 147, 148, 341, 2994(b), 506(ii), 323, 324, 326, 427, 308, 149 and 34 of the IPC and Sec.27 of the Arms Act on the basis of the FIS given by the victim boy on 02.07.2019 at about 2.45 pm in respect of the alleged incident taken place on the same day at about 00.30 hours in the early morning of that day.

(2.) The prosecution case in short is that owing to the enmity that the defacto complainant's brother had informed the Police about the sale of Cannabis by the accused persons, Athul, Sanju, Kukku and about 10 identifiable accused persons formed into an unlawful assembly with the knowledge that each one of them is a member of such an assembly with the intention to execute their common object, carried dangerous weapons such as stick sword and iron rod, which is not for any agricultural or domestic purpose, but specifically designed for acts of violence with the knowledge that their actions could even lead to the death of defacto complainant, on 02.07.2019 around 12.30 am, at Anoop Bhavanam situated at Njakkanaal Muri in Krishnapuram Muri, Krishnapuram village, where the defacto complainant and others were residing, the accused persons smashed the window panes of this house and thereafter breaking the front door of the house, barged inside howling in filthy language, accused 1 Athul, with a stick sword in his hand, shoved it towards the right hand muscle side of the defacto complainant causing a wound, accused 2, Saju with another stick sword swing towards the head which the defacto complainant dodged with his left hand causing deep wound below his left elbow, meanwhile the defacto complainant who tried to run outside was blocked by accused 3 and 4 thereby beaten and bashed him up, accused 5 gave a strike on his back, accused 6 struck on his left knee, accused 2 with an iron rod hit on his left foot causing bone fracture. It is further alleged that the defacto complainant's mother who arrived the scene to dodge the attack was pushed aside, the accused persons grabbed the phone which was in her possession, threatened to kill the defacto complainant's brother, destroyed the home-appliances at the house causing a loss of 50,000/- rupees and had the blow towards the defacto complainants' head was not evaded by his left hand, even death would have been caused to him. Hence, accused persons have committed the above mentioned offences.

(3.) The learned advocates appearing for the above accused persons /the bail applicants would submit that the abovesaid allegations are false and fabricated and that the custodial interrogation of the petitioners are not necessary and that the petitioners will fully co-operate with the Investigating Officer in the investigation and that this Court may grant anticipatory bail to them subject to any stringent conditions. Per contra, the learned Prosecutor has submitted that the allegations disclosed against the petitioners are very serious and grave. Further that, injuries suffered by the minor victim boy, aged 17 years are very serious and that the wound certificate dated 02.07.2019 would show that the minor victim boy has suffered deep lacerated wound on his right arm (5x3x2cms), lateral wound on his left leg (8x2cms), lateral wound on his left forearm (3x2 cms), lateral wound on his lower back (3x2cms) etc.