RAHUL Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the 5th accused in S.C. No.814 of 2018 on the file of the Additional Sessions Court, Muvattupuzha. He stands charge sheeted for having committed offences under Sections 143, 147, 148, 341, 323, 324, 307, 302 r/w. Section 149 of the IPC.

(3.) The incident, which led to the registration of Crime No. 1438 of 2018, took place inside the Mariya Bar at Kothamangalam on 7.5.2018. The applicant along with his friends were consuming liquor. Binu Chacko and his two friends were also in the same Bar. Some of the accused had animosity towards Binu Chacko and his friends. This led to an altercation. At about 10.30 pm., while Binu Chacko and his two friends, Shajimon and Ajesh, were having a smoke, the accused are alleged to have confronted them. A wordy altercation ensued and thereafter, the 1st accused is alleged to have pulled out a knife and inflicted stab injuries on the body of Binu Chacko and his friends. According to the prosecution, the injuries were inflicted by the 1st accused and the applicant is alleged to have wrongfully restrained the victim to enable the 1st accused accused to stab him. Binu Chacko and his friends suffered serious injuries. Though prompt treatment was given to Binu Chacko, his life could not be saved. He was declared dead at 5.30 pm on the same day. The applicant was arrested on 9.5.2018 and he remains in custody.