ABDUL HAKEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicants are accused in Crime No.754/2020 of Balussery Police Station, Kozhikode, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 294(b) and 506 r/w Section 149 of the IPC. Subsequently, offence under Section 326 IPC was also incorporated. The applicants are all related. The applicant Nos. 2 and 3 are the sons of the 1st applicant, while applicant Nos. 4 and 5 are his brothers and applicant Nos.6 and 7 are the children of his brothers. The Prosecution case, in brief, is this:

(2.) On 22.7.2020, at about 7.20 p.m at Poonoor Mauthumpoyil, the applicants and some other identifiable persons, formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, attacked the defacto complainant and his friends and assaulted them with dangerous weapons like wooden reapers, hurled abuses at them and intimidated them and also caused a grievous injury to the fingers of the defacto complainant's friend and thus committed the offence. The applicants state that the allegations are not true. In fact, the defacto complainant's friend had purchased a vehicle from Delhi, where the 1st applicant was employed as a Police Officer. Accusing him for not getting the NOC for that vehicle as agreed, the defacto complainant and his friends approached the 1st applicant at his home while he was on leave, and assaulted him. They also assaulted his wife, and outraged her modesty when she came to defend him. It is stated that both the 1st applicant and his wife were hospitalised for treatment consequent to the assault. On the very next day, the 1 st applicant and his wife approached the Police and filed a complaint, in consequence of which, a crime was registered at the Balussery Police Station as Crime No.740/2020 for offences punishable under Sections 143 , 147 , 148 , 448 , 341 , 324 r/w Section 149 of IPC.

(3.) It is also stated that even though the modesty of the 1 st applicant's wife was outraged by the accused persons, including the defacto complainant, the Police authorities deliberately excluded the offence punishable under Section 354 IPC. The FIR in this case was registered on only 29.07.2020 as a counterblast to Crime No.740/2020 against the defacto complainant and his friends. The applicants submit that no serious injuries have been caused and that the applicants are not likely to abscond and they are willing to co-operate with the investigation and hence, they may be granted pre-arrest bail.