M.K. SUBAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed to quash the proceedings against the petitioner on the ground of acquittal of the remaining accused.

(2.) The petitioner is the accused No. 2 in C.C No. 7/2021 on the file of the Special Judicial First Class Magistrate Court (Marad Cases), Kozhikode. Altogether there are three accused. The offences alleged against the petitioners are under Ss. 341, 506(1), 323, 324 and 427 r/w 34 of IPC.

(3.) The prosecution case in short is that on 18/10/2003 at about 6.30 pm., at Cherootty road in front of Federal Bank, Kozhikode, the petitioner along with the remaining accused in furtherance of their common intention wrongfully restrained CW1, assaulted and criminally intimidated him. It is further alleged that they also caused mischief by dismantling the front glass of the Federal Bank worth Rs.20,000.00 by pelting stones towards CW1 when he attempted to escape from the place by entering into the said bank.