ILLYAS Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is accused No.10 in Crime No.678/2020 of Ottapalam Police Station. The offences alleged against the petitioner and other accused are punishable under Ss. 143, 144, 147, 148, 341, 323, 324, 307 and 302 r/w Sec. 149 of the Indian Penal Code.

(3.) The prosecution case is that on 31/5/2020 at about 10.00 p.m, the defacto complainant was wrongfully restrained by the petitioner and the other accused and caused grievous injuries to him by means of dangerous weapons. The defacto complainant succumbed to the injuries. The petitioner remained absconding and therefore, the final report was submitted against the accused available for trial. Thereafter split charge was filed against the petitioner and the other accused.