RASHID N.V Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail. The petitioners are accused Nos. 1 and 2 in Crime No. 466/2023 of Vellayil Police Station, Kozhikode, for having committed offences punishable under Ss. 341, 323, 324, 326 r/w 34 of the IPC.

(2.) The prosecution case is that, on 14/8/2023 at 4.30 P.M., the accused persons wrongfully restrained the defacto complainant inside the Civil Supplies Godown at Puthiyakadavu, Kasaba Amsom and beaten him with a stick, kicked on his chest and thereby caused fracture to the left leg and ribs. Thus, the petitioners herein are alleged to have committed the offences mentioned above.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are totally innocent and have been falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody since 8/10/2023, and the continued custody of the petitioners is unnecessary.