ABDUL NAZAR A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed under Sec. 439 of the Code of Criminal Procedure.

(2.) The petitioner is the seventh accused in Crime No.560/2023 of Kondotty police station, Malappuram, registered for having committed offences under Ss. 143, 147, 148, 342, 355, 357, 323, 324, 325, 326, 302 and 201 read with 149 of the Indian Penal Code.

(3.) The prosecution case is that a migrant labourer, Rajesh Manji was found near the house of one Varuvallipilakkal Alavi between 00-15 hours and 3.20 hours of 13/5/2023. Alleging that Rajesh Manji came to commit theft, accused Nos.1 to 3 who are the children of Alavi and accused Nos.4 to 9 who are the neighbours of Alavi, severely beat Rajesh Manji from the courtyard of the house, using plastic hose, wooden sticks, chappal and reaper, after tying his hands from behind, using a plastic rope. They further kicked and beat Rajesh Manji repeatedly and took him to the road margin near Tavanur Valiya Juma Masjid to destroy the evidence of the beating, removed the banian of Rajesh Manji and also removed the DVR of the CCTV installed in an office situated in between the house of Alavi and Tavanur Valiya Juma Masjid. Due to the assault of the accused, Rajesh Manji succumbed to the injuries. Thus, the accused committed the above offences.