HASHIM SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Anticipatory bail plea at the instance of accused 1 to 4 in Crime No.137/2023 of Aryanad Police Station, Thiruvananthapuram is the crux of this petition, filed under Sec. 438 of the Code of Criminal Procedure.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) The prosecution allegation is that at 9 p.m on 5/2/2023, due to animosity towards the defacto complainant, who came to the police station with his friend Vipin to file a complaint, accused 1 to 20 formed into unlawful assembly, armed with deadly weapons, with knowledge that they are members of the said assembly, wrongfully restrained the defacto complainant and assaulted him with intention to cause grievous hurt to the defacto complainant, when he came out of the police station after lodging the complaint. The specific allegation is that the 1st accused had used abusive words against the defacto complainant and hit on his mouth with the handle of a hammer kept by the 1st accused. The 2nd accused torn the T shirt of the defacto complainant and hit on his chest. Accused 3 and 4 forcefully taken him along with 16 other persons and all of them jointly manhandled him brutally. Thereby, he sustained very serious injuries, including fractures. Thus the prosecution alleges commission of offences punishable under Ss. 143, 147, 149, 294(b), 323, 324 and 326 of IPC.