MUHAMMED AFNAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

(2.) The petitioners are accused Nos. 1 to 5 in Crime No.372/2023 of Payyoli Police Station, for having allegedly committed offences punishable under Ss. 323, 324, 326, 341, 143, 147, 148 r/w Sec. 149 of the Indian Penal Code.

(3.) The prosecution case is that, on 30/6/2023 at 8.00 p.m., the petitioners herein and others unlawfully assembled and wrongfully restrained the de-facto complainant's father at Beach Road Junction, Kottakkal and the accused No.5 hit with Idikkatta on his father's face and when the defacto complainant attempted to rescue his father, accused No. 5 hit on his face also with idikatta and at that time accused No. 1 hit with iron rod on the head of the father of the de-facto complainant. It is also alleged that the accused, Nos. 5 and 1, along with other accused, assaulted one Filsar and Ismail, who attempted to disperse them and thereby committed the offence.