K.P.SASIKALA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 1st accused in C.P. No. 5 of 2021 on the file of the Judicial First Class Magistrate's Court, Thodupuzha which arose from the final report in Crime No. 14 of 2019 of Thodupuzha police station where offence punishable under Ss. 143, 147, 148, 188, 341, 294(b), 323, 506(ii), 308 read with 149 of the IPC is alleged against the petitioner and eight others.

(2.) It is alleged that petitioner who is the President of the 'Hindu Aikya Vedi' had exhorted through media for observing hartal, following which accused Nos. 2 to 9 formed an unlawful assembly and in prosecution of their common object on 2/1/2019 at 6.30 PM, near the Gemini Tourist Complex building at Manakkad junction in Thodupuzha town, wrongfully restrained CW1 who was moving on his scooter, abused him and also manhandled him; he was attacked on his head with a stone, had he not twisted the head that would have resulted in his death and thus the crime was registered and on conclusion of investigation, the above-stated charge-sheet was laid.

(3.) I heard Sri. Sajith Kumar, the learned counsel for the petitioner and also the learned Public Prosecutor.