RAJEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Applicant in BA No.4156/2020 is the 2nd accused while the applicants in BA No.4168/2020 are accused 3 to 6 in Crime No.614/2020 of Chokli Police Station, Kannur District, for having allegedly committed offences punishable under Sections 143, 147, 148, 448, 341, 323, 324 and 307 r/w Section 149 IPC.

(2.) The prosecution case in brief is that, the applicants herein along with other accused totalling eight in number, were members of an unlawful assembly the common object of which was committing murder of the defacto complainant and another due to political rivalry. On 07.06.2020, in prosecution of the said common object, they attacked the defacto complainant after committing riot armed with deadly weapons like sword sticks and iron rods. Accused 3 and 7 attacked the defacto complainant with the sword stick, while accused 4 and 5 attacked them with iron rods. Cut injuries were caused with the sword stick on the face and hands and the injuries all over the body was caused with iron rods. There was also a scalp fracture sustained by the defacto complainant.

(3.) The applicants state that they are innocent and that originally none of the assailants were identified, and subsequently out of political rivalry the names of the applicants has been included by the investigating officer. The applicants state that the 2nd accused was arrested on 12.06.2020 and accused 3 to 6 were arrested on 15.06.2020. Further interrogation of the applicants is not necessary, and therefore, they may be released on bail.