STERVIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.238/2024 of the Eravipuram Police Station, Kollam, registered against the accused (five in number), for allegedly committing the offences punishable under Secs. 143, 147, 148, 294(b), 323, 324, 506(ii) and 307 read with Sec. 149 of the Indian Penal Code. The petitioner was arrested on 12/2/2024.

(2.) The crux of the prosecution case is that: on 11/2/2024 at around 19.50 hours, the accused in prosecution of their common intention to murder the de facto complainant (injured), formed an unlawful assembly, attacked the injured with a chopper and caused grievous injuries to him. When the injured's friend named, Jayesh attempted to intervene in the matter, the accused manhandled him also. The accused had also criminally intimidated the injured and uttered obscene words. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Sreeraj M.D, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor.