RIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos.1 to 6 in Crime No.467 of 2020 of Bekal Police Station alleging offences under Sec. 342, 323, 324, 326, 365 and sec. 34 of the Indian penal Code, 1860.

(2.) According to the prosecution, on 30/8/2020, the first accused kidnapped the defacto complainant and after confining him in a rented building, he along with accused Nos.2 to 7 brutally assaulted the defacto complainant with wooden logs and compelled the defacto complainant to accept his and another person's illicit relationship with the sixth accused, and in the assault, serious injuries including fracture of the leg were inflicted on the defacto complainant and thereby the accused committed the offences alleged. The defacto complainant is alleged to have suffered three fractures on the right hand and right leg while the other person by name Muneer also suffered minor injuries.

(3.) Learned Counsel for the petitioners submitted that during the pendency of this bail application, he had relinquished his engagement for petitioners 1, 3 and 4 and therefore the counsel confined his arguments to petitioners 2, 5 and 6. It was submitted that petitioners 1, 3 and 4 were later learnt to have raped the sixth petitioner for which separate crimes have been registered and hence there is a conflict of interest between petitioners 1, 3 and 4 on the one side and petitioners 2, 5 and 6 on the other side. The third petitioner is the 1st accused in Crime No. 41/2021 while the fourth petitioner is the 1st accused in Crime No. 42/2021 both of Bakel Police Station.