JOYSON JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No. 1128 of 2021 of Wadakkacherry Police Station registered for the offences punishable under Ss. 452, 341, 323, 324, 506 read with Sec. 34 of Indian Penal Code, petitioners 1 and 2 who are arraigned as accused Nos. 2 and 4 have moved this application under Sec. 438 of the Code of Criminal Procedure.

(2.) The prosecution allegation is that on 21/8/2021 at about 19.30 Hrs. the petitioners along with the other accused have trespassed into the residential house of the defacto complainant with deadly weapons such as sword, iron rod etc. and beaten the defacto complainant with the iron rod and hacked him with the sword and caused grievous injuries to him. They have also kicked him on his chest and stomach and also created a horrendous situation in the locality and thereby committed the aforesaid offences.

(3.) The learned counsel for the petitioners has submitted that the 1st petitioner is a worker in BMS Trade Union in Poomala and the other accused are Congress party workers and the defacto complainant and his father are members of CITU and because of the political enmity, these petitioners and the other accused were falsely implicated in the case. They are totally innocent of the allegations levelled against them. But they apprehend arrest and hence this petition.