ADARSH Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners are the accused in Crime No.991/2020 of Poochakal Police Station. The above case is registered against the petitioners alleging the offences punishable under Sections 143 , 147 , 294(b) , 452 , 354 , 323 , 506(i) and 427 r/w 149 IPC , Section 4(2)(d)(e) r/w 5 of KEDO 2020 and Section 194C r/w 128 of Motor Vehicle Act , 1988.

(3.) The prosecution case is that on 10.6.2020 at about 8 pm., the accused 1 to 5 formed into an unlawful assembly, with the knowledge that they all are members of the said assembly and in prosecution of their common object to assault the defacto complainant, with intention to do away him. Thereafter, they violated the prohibitions contained in the Kerala Epidemic Diseases Ordinance, 2020 and then the first accused kicked down the defacto complainant, in front of his house. The second accused pushed on the chest of the wife of the defacto complainant, when she attempted to rescue the defacto complainant. Thereby it is alleged that her modesty was outraged. Thereafter accused Nos.1 to 5 criminally trespassed to the residential house of the defacto complainant and destroyed its doors, windows etc. and thereby caused damages to the tune of Rs.10,000/-.