SANOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) Applicant in B.A. No.5884 of 2020 is the 1st accused while the applicant in B.A. No.5588 of 2020 is the 6 th accused in Crime No.3276 of 2020 of Thrissur Town East Police Station for having allegedly committed offences punishable under Sections 307, 395, 326, 323, 324, 341 r/w Section 34 of IPC.

(2.) The prosecution case in brief is that on 25.07.2020 at about 2.25 a.m. the applicants along with other co-accused in furtherance of common intention to cause hurt to the de facto complainant travelled in motor vehicles following a drainage vehicle which was owned by the de facto complainant and the 1 st accused dashed against the motorcycle which was driven by the de facto complainant at Kizhakkekota, Anchangadi and followed by that accused 1, 2, 3 and 5 got down from the car and attacked the de facto complainant with dangerous weapons like steel pipes. It was accused 1 and 3, who were wielding steel pipes. Fracture injuries were caused to the right leg and left hands as well as right knee of the de facto complainant. The remaining accused, who were travelling in a Nissan Torano Car pelted stones at the de facto complainant and 4th accused also fisted the de facto complainant and robbed his gold chain weighed 3 sovereigns and thus the accused committed the offence. 6 th accused has approached this Court with an anticipatory bail, which was disposed of as withdrawn in consequence to his arrest. The 1 st accused surrendered before the investigating officer, in consequence of which he too was arrested. The arrest of the 1 st accused was recorded on 14.08.2020 while the 6 th accused was arrested on 17.08.2020. The applicants have been in judicial custody since then.

(3.) It is submitted by the learned Public Prosecutor that custodial interrogation of the applicants could not be done and only one of the vehicle alone has been recovered.