DIVIN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioners are the accused in Crime No.40 of 2020 of Kolathur Police Station, Malappuram. The above case is registered against the petitioners alleging offence punishable under Sections 143 , 147 , 148 , 323 , 324 , 308 , 506 , 354 and 427 read with Section 149 IPC.

(3.) The prosecution case is that on 1.3.2020 during the late evening at about 7.15 p.m, in the public road at Koomullikulam colony in Moorkkanad amsom, while the de facto complainant and his friends were talking together after parking and sitting in their scooter, the accused No.4 along with 16 identifiable persons came there and formed themselves into an unlawful assembly, armed with deadly weapons like iron rod, wooden sticks, etc. They committed rioting and in furtherance of their common intention and object of committing culpable homicide, attacked on the complainant and his friends, after sprinkling chilly power and thereafter attacked them indiscriminately. According to the prosecution, 8 persons sustained injuries.