SUNIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 3rd accused in Crime No.143/2024 of the Chadayamangalam Police Station, registered against the accused (5 in number), for allegedly committing the offences punishable under Ss. 294(b), 323, 324, 308 r/w 34 of the Indian Penal Code. The petitioner was arrested on 5/2/2024.

(2.) The essence of the prosecution case is that; on 2/2/2024 at about 00.15hrs, the accused attempted to demolish the pathway of the defacto complainant with a JCB excavator. When the defacto complainant intervened, the accused hooked him in the bucket of the JCB and threw him into a pit and he sustained injuries. Thus, the accused have committed the above offence.

(3.) Heard Sri. Arun R. Raveendran K, the learned counsel for the petitioner and Smt. Neema T.V, the learned Senior Public Prosecutor for the respondent.