ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 , seeking regular bail.

2. The petitioner is the accused in Crime No.721/2023 of Perumbadappu Police Station, Malappuram for having allegedly committed offences punishable under Section 302 of the Indian Penal Code .

3. The allegation against the petitioner is that, on 27.08.2023, at about

8.30 p.m., at his residence at Perumbadappu-Patterikkunnu with the intention to kill Muhammed Shafi, the nephew of the defacto complainant, fired a shot at him with an air gun and Muhammed Shafi died due to gunshot injuries and thereby committed the offence.

4. Learned counsel for the petitioner and the learned Public Prosecutor were heard.

5. Learned counsel for the petitioner submits that there was no intention to commit murder, the major part of the investigation is over and that the petitioner has no criminal antecedents. It is also argued that he had no animosity towards the deceased or any motive, and as a matter of fact, the deceased and the petitioner are good friends and that the injury occurred on the basis of the alleged single shot.

6. The Learned Public Prosecutor opposing the bail application s