LAWS(KER)-2014-7-5

SUNIL KUMAR Vs. STATE OF KERALA

Decided On July 02, 2014
SUNIL KUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONERS are accused Nos. 3, 1 and 2 respectively, in Crime No. 506 of 2014 of the Nileswaram Police Station for the offences punishable under Sections 143, 147, 341, 323, 363, 294(b), 308 read with Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that on account of enmity due to the de facto complainant who is the printer and publisher of a local daily by name 'City News' publishing a news item concerning a temple festival, the petitioners and others formed unlawful assembly, abducted the de facto complainant who was traveling in an autorikshaw to a paddy field and assaulted him. If the assault had fallen on his private parts, it would have cause his death. The second accused is arrested.

(3.) ON hearing both sides, it is revealed that there is no case of any of the accused using any weapon. So much so, custody of the accused 1 and 3 for recovery of any material object is not required. Having regard to relevant circumstances, I am inclined to grant relief but subject to conditions and protecting interest of the de facto complainant also. The application is disposed of as under: