NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the first accused in Crime No.484/2014 of Chadayamangalam Police station under Section 439 of the Code of Criminal Procedure.

(2.) THE case of the prosecution in nutshell was that on 16.4.2014 at about 3.30 p.m the petitioner and another trespassed into Beverage Corporation outlet at Ayoor and the first accused took a beer bottle and struck on the head of the defacto complainant and also caused injury to another staff and caused damage to the articles kept in the outlet to the tune of Rs.10,000/ - and thereby both of them have committed the offences punishable under Sections 452, 324, 332, and 308 read with Section 34 of the Indian Penal Code and Section 3 of the Prevention of Destruction of Public Property Act (hereinafter referred to as 'the PDPP Act').

(3.) THE application was opposed by the Prosecutor on the ground that investigation of the case is not over and huge loss has been caused to the Beverage Corporation outlet on account of the wrongful act of the petitioner and another accused.