MUHAMMED ANAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No.223/2023 of Thamarassery Police Station, Kozhikode District, registered for offences punishable under Ss. 392 of the Indian Penal Code, the accused filed this application under Sec. 438 of the Code of Criminal Procedure seeking pre-arrest bail.

(2.) The prosecution case is that, on 30/3/2023 at about 22.20 hours, in front of Cheenimukku Markas Garden Gate, accused Nos. 1 to 4 wrongfully restrained the defacto complainant, criminally intimidated the defacto complainant and robbed Swift Car bearing No.KL/56 N 4165. The entire allegation of the prosecution based on the First Information Statement of the defacto complainant is totally false and incorrect, and thus committed the aforesaid offences.

(3.) I have considered the rival contentions.