ABDUL KHADER THINDIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the afore captioned Criminal Miscellaneous Case filed under Sec.482 of Cr.PC is as follows:

(2.) Heard Sri.P.Vijaya Bhanu, learned Senior Counsel instructed by Ms.Sruthi Bhatt, learned counsel appearing for the petitioner/accused No.6 and Sri.B.Jayasurya, learned Public Prosecutor appearing for the respondent.

(3.) The petitioner herein has now been arrayed as additional accused No.6 in the impugned crime No.698/2011 of Neeleswaram Police Station, Kasaragod, which is now pending as C.P No.59/2015, on the file of the Judicial First Class Magistrate Court-II, Hosdurg. Originally, there were five accused persons in the abovesaid crime No.698/2011 of Neeleswaram Police Station and Police after investigation has filed Anx.J Final report/charge sheet as against the said original accused Nos.1 to 5, which later led to the pendency of Sessions Case, S.C No.3/2014, in which the offences alleged are those punishable under Secs.143, 147, 148, 447, 323, 324, 356, 506(ii) read with Sec.149 of the IPC and Secs.3(1)(x) & (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegations against original accused Nos.1 to 5 in the said proceedings are to the effect that, on 18-11-2011 at about 11.30 a.m, while Charge Witnesses CWs 1 and 2, who belong to Scheduled Tribe were doing tapping work in the property of CW3, the said accused persons coming to five in number had allegedly, due to existing property dispute with CW3, formed themselves into an unlawful assembly and allegedly trespassed into the property of CW3 and assaulted CWs 1 & 2. Further that accused 2 & 3 had abused CWs 1 & 2 calling their caste names and as such accused persons 1 to 5 have committed the aforesaid offences. The police after investigation has filed Anx.J Final report/charge sheet in this case as against said accused Nos.1 to 5 and Sessions Case S.C No.3/2014 is pending on the file of Principal Sessions Court, Kasaragod.