ARUNKUMAR.A Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No. 1437 of 2021 of Valiathura Police Station, Thiruvananthapuram District registered for the offences punishable under Sections 294(b), 323, 324, 326, 367 read with Section 34 of Indian Penal Code, this petitioner, who is arraigned as the 3rd accused, has moved this application under Section 438 of the Code of Criminal Procedure.

(2.) The prosecution allegation in brief is as follows:

(3.) The submission of the learned counsel for the petitioner is that he has been falsely implicated in the case at the instigation of the defacto complainant and his brother who were arrested by the police in another criminal case. In fact the defacto complainant is a person who is engaged in criminal activities and due to his vengeance towards this petitioner, he has been falsely implicated in the case. He has absolutely no connection with the alleged incident and he has no participation along with the other accused so as to kidnap him or to cause injuries as alleged by the prosecution. But he apprehends arrest and hence was compelled to move this application before this court.