FAIZAL @ THAMMANAM FAIZAL Vs. STATE

JUDGEMENT

(1.) Petitioner is the first accused (A1) in Crime 908/2013 of Aluva East Police Station registered for offences punishable under sections 307, 365 and 395 of Indian Penal Code. He has filed the above application under section 439 of the Code of Criminal Procedure for his release on bail.

(2.) The above crime was registered recording the statement of a driver of a tanker lorry which was used for removing waste while he was hospitalised after sustaining injuries in the occurrence involved. While the de facto complainant was collecting waste from a hotel in the tanker lorry one among the accused approached him and requested for collecting waste from a nearby place. With that accused in the vehicle tanker lorry proceeded to the spot suggested by him. The other accused including petitioner were present at that spot. All the accused, then, conjointly assaulted the driver and caused him severe injuries. Cleaner of the lorry was also assaulted. Lorry was taken away by the accused keeping the cleaner under wrongful restraint, who, was, later beaten and forced to run away. The accused persons committed robbery of the lorry, having a value of Rs.5 lakhs after assaulting its driver and cleaner as aforesaid is the gist of accusation.

(3.) Petitioner surrendered before the court on 5.4.2013 and he was thereupon remanded to custody. Petitioner has filed the above application seeking his release on bail.