SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the third accused in the case C.C No. 28/2001 on the file of the Court of the Judicial First Class Magistrate, Nadapuram.

(2.) The prosecution case is as follows: A warrant of arrest had been issued against the petitioner by the Metropolitan Magistrate, Chennai in the case C.C No. 8709/1998 of that court. The warrant was addressed to the Sub Inspector, Nadapuram Police Station. The Station House Officer of Nadapuram Police Station had entrusted the execution of the warrant with PW1, a police constable attached to that police station. On 17.08.2000, at about 10:00 hours, PW1 and PW3, the police constables attached to Nadapuram Police Station, reached the house of the petitioner, who is the third accused in this case, for execution of the warrant of arrest against him. On seeing them, the petitioner tried to escape but he was apprehended by PW1 and PW3. They arrested him and took him into the private jeep in which they had reached there. Then, a group of persons, including the first and the second accused in the case, obstructed the jeep and forcibly took the petitioner out of police custody and rescued him.

(3.) On the basis of Ext.P1 complaint made by PW1 to the Sub Inspector, a case was registered as Crime No. 311/2000 of the Nadapuram Police Station. After completing the investigation, final report was filed against accused 1 to 3 for the offences punishable under Sections 341, 353 and 225B read with 34 IPC.