ABHILASH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) Petitioners are accused Nos. 2, 5, 1 and 4 respectively in Crime No. 993 of 2019 of Vattappara Police Station. The above case is registered against the petitioners and others alleging offences punishable under Sections 143 , 147 , 148 , 294(b) , 307 , 323 , 324 , 354 , 427 and 506(ii) r/w Section 149 of the IPC.

(3.) The prosecution case is that on 24.11.2019, at 8.30 p.m., the petitioners and the other accused formed themselves into an unlawful assembly armed with deadly weapons committed rioting and in furtherance of the common object, wrongfully restrained the defacto complainant and his mother near Perumkoor junction in Vembayam Village and 1 st accused abused the defacto complainant and voluntarily caused hurt to him. When the mother of the defacto complainant intervened 1st accused used criminal force against her intending to outrage her modesty. Thereafter, the petitioners and the other accused voluntarily caused hurt to one Nithin sha, the friend of the defacto complainant, who intervened in the attack. The petitioners and the other accused committed the above acts with the knowledge that if they caused the death of Nithin sha, the friend of the defacto complainant, they would be guilty of murder.