Santhosh And Anr vs State Of Kerala

The applicants are accused 1 and 2 in Crime No.539/2020 of Kadakkal Police Station, Kollam, for having allegedly committed offences punishable

under Sections 341, 294(b), 324 and 308 read with Section 34 IPC.

The prosecution case, in brief, is that on 16.3.2020, owing to previous enmity towards the de facto complainant, the applicants wrongfully restrained

the de facto complainant, hurled abuses at him and thereafter attacked him with dangerous weapons, like a hoe and a knife, and caused injuries to him.

The applicants state that the allegations are not true and that it is the de facto complainant and his friends who had actually attacked the applicants

and that in consequence of that Crime No.458/2020 of Kadakkal Police Station has been registered against them for the similar offences. They were

also arrested and this particular crime against the applicants has been registered subsequently as an afterthought. The injuries were not serious and life

threatening and therefore, the applicants may be released on anticipatory bail.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The allegations against the applicants are that they had used dangerous weapons like a hoe and a knife to attack the de facto complainant and

others. It may be true that there is also a counter case and that both sides had inflicted injures on either of them. However, the weapons will have to

be recovered for which the applicants will have to be arrested and taken into custody.

Under the circumstances, the applicants are directed to surrender before the Investigating Officer within two weeks. In the event of their arrest,

after interrogation and recovery, if any, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail, which

shall be considered and preferably disposed of by the jurisdictional court on the very same day.

With these observations, the bail application is disposed of.