SARATH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 15/10/2022, for the offences punishable under Ss. 147, 148, 341, 294(b), 427, 324, 307 and 302 of IPC in Crime No.188 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on account of committing of theft of fish from the leased pond, there was an enmity between the deceased/victim and the accused. Pursuant to the same, on 2/8/2022 at 11.00 a.m., the accused have joined together in an unlawful assembly and waylaid the victim and the de-facto complainant and assaulted them indiscriminately with Aruval and iron rods, resulting in the de-facto complainant and the victim sustaining injuries. Later, due to the injuries sustained, the de-facto complainant and the victim were taken to the hospital and the victim was declared brought dead. Hence the complaint.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person, who is arrayed as A6 and he has been implicated in this case, since he was known to other accused. He would also submit that the de-facto complainant and his relatives have committed theft of fish from the pond leased to A1 and based on the complaint given by A1, a case in Crime No.159 of 2022 has been registered against the deceased. He would further submit that even despite the complaint, the deceased and the de-facto complainant continued with the theft and there was a quarrel between them. He would further state that A1 and A2 have been arrested and detained under Act 14 and even as per the complaint, the allegation and overt act attributed as against this petitioner is that he has damaged the two wheeler in which the de-facto complainant and others have came. He would further reiterate that the de-facto complainant has been discharged from the hospital and there is no previous case as against the petitioner. He would also state that the co-accused in this case has been granted with bail by this Court in Crl.O.P.No.23669 of 2022 vide order dtd. 29/9/2022 and the petitioner is in custody from 15/10/2022 and hence, he prays for grant of bail to the petitioner.