Ker HC | Assault on an injured person not pre-meditated; bail application granted 

Kerala High Court: B Sudheendra Kumar J., allowed a bail application and relieved the accused person from the custody. 

In the instant case, the accused persons were charged under Section 143 (Punishment for being member in unlawful assembly), Section 147 (Punishment for rioting), Section 148 (Rioting, armed with deadly weapon), Section 341 (Punishment for wrongful restraint), Section 120-B (Punishment for criminal conspiracy) for involving inflicting injuries on the injured person. One of the accused was involved in using a torch as a weapon to assault the injured. 

The High Court upon considering the facts and circumstances of the case stated that the incident was not pre-meditated. The court also considered the period of detention of the accused persons while granting the bail. The Court noted the fact that the other accused persons in the matter had already been granted bail and the remaining accused were in detention for an extended period of time. It granted bail on condition of executing bonds and also stated that the petitioners shall be observed if they involve themselves in a similar act during the pendency of the trial.[Karthik v. State of Kerala, 2019 SCC OnLine Ker 1990, decided on 26-06-2019]

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