ABDUL MAJEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitions filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) Petitioners are the accused in C.C.No. 105 of 2011 on the file of Chief Judicial Magistrate Court, Manjeri. In a private complaint they have been implicated for offences punishable under Sections 341, 423, 424, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code (in short, "IPC").

(3.) Gist of allegations in the complaint is as follows: The 2nd respondent/complainant along with six others are accused in Crime No. 101 of 2011 of Areekode Police Station. The allegation therein is that the accused attacked the Areekode Police Station and pelted stones. In that case, the learned Sessions Judge, Manjeri granted bail to the accused. In the bail order, the accused were directed to appear before the Investigating Officer on specified days at a specified time. On 31.03.2011 the accused went to the Office of the Circle Inspector, Manjeri. At that time, they were directed to go to Areekode Police Station and meet the Additional Sub Inspector. At about 4.00 p.m. on that day, the complainant and other accused went to Areekode Police Station and met Shri Unnikrishnan, Additional Sub Inspector of Police. At that time, petitioner in Crl.M.C.No. 1742 of 2012/1st accused was present in the Police Station. On seeing the 2nd respondent/complainant and other accused, 1st accused abused them and unlawfully restrained them in the Police Station. Thereafter, he called each one of them and physically assaulted. 1st accused fisted on the chest of the complainant and hit the complainant with a ruler. He also threatened that he would kill all the accused and put them in a river. The petitioners/accused have no authority to restrain, manhandle and abuse the complainant and others. Therefore, they have committed the above said offences.