SREEJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are arrayed as accused Nos.1 and 2 in Crime No.259 of 2022 of Pazhayannur Police Station, alleging commission of offences punishable under Ss. 341, 323, 324 and 308 r/w 34 of the Indian Penal Code.

(2.) The prosecution case is that on 14/5/2022 at about 7.30 pm., the accused sharing common intention, attacked the defacto complainant and his friends with punching block by wrongfully restraining and pulling down them from the bike ridden by the defacto complainant due to their enmity. It is also alleged that the 2nd accused attacked the defacto complainant with cycle chain welded with iron pipe and beaten over his eyes and stomach and when the defacto complainant was fallen, the 2nd accused kicked on his stomach. It is further alleged that, if the defacto complainant could not release the hands of the 2nd accused held around his neck, he would have died due to suffocation and the accused thereby committed the aforesaid offences.

(3.) Learned counsel for the petitioners submitted that petitioners are innocent and they are falsely implicated in the above crime. It was further contended that they were arrested on 16/5/2022 and is in custody since then. Learned counsel further submitted that they have no criminal antecedents.