VISHNU P.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No.1398/2023 of Udayamperoor Police Station, Ernakulam, registered for offences punishable under Ss. 294(b), 341, 323, 324, 308 and 120 B r/w Sec. 34 of the Indian Penal Code, the accused have filed this application under Sec. 438 of the Code of Criminal Procedure.

(2.) The prosecution case is that the defacto complainant attacked the 1st petitioner/accused No.1. The 1st petitioner had to face brutal verbal assault from the complainant when they met at the fitness centre. The defacto complainant used filthy and foul-mouthed language towards the petitioners and beat up the 1st petitioner.

(3.) On 30/8/2023 at about 05.30 p.m., the defacto complainant spotted the 1st petitioner at the road opposite the Stallion Fitness Center, Manakunnam Village, South Paravoorkara. The defacto complainant grabbed the 1st petitioner by his neck, pushed him towards the ground and started to shower filthy, vulgar and abusive words. It is also stated that the defacto complainant then slapped the 1st petitioner's face, and when the petitioner tried to stop the defacto complainant from causing further bodily harm, the complainant started to hit the petitioner with a helmet on the back of the petitioner's head. The petitioner, while attempting to block the thrashing from the complainant, the right-hand fingers got dislocated. Thereafter, the 1st petitioner was admitted to Vijayakumaran Menon Hospital, Thripunithura, as in patient for two days.