VIJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The applications are filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 3 in Crime No.281/2024 of the Anchuthengu Police Station, Thiruvananthapuram, registered against the accused for allegedly committing the offences punishable under Ss. 143, 147, 148, 323, 324, 326, 452 and 307 r/w Sec. 149 of the Indian Penal Code. The petitioners were arrested on 5/5/2024. B.A No.4065/2024 is filed by the first accused and B.A. No.4050/2024 is filed by the accused 2 and 3. As the applications arise out of the same crime, they were consolidated, jointly heard and disposed of by this common order.

(2.) The essence of the prosecution case is that; on 4/5/2024, at around 1.30 hours, the accused, in prosecution of their common intention, formed themselves into an unlawful assembly and criminally trespassed into the de facto complainant's relative's house. Then, the second accused hit a person named Vichu, the relative of the de facto complainant, on his rear side and left hand and inflicted injuries on him. At the same time, the first accused attempted to cut on the neck of the de facto complainant with a chopper, but since he warded off the attack, he suffered an jury on his hand. The first accused also cut the son of the de facto complainant with a machete on his right hand and left palm. The accused 1 to 5 chased the injured from the house and when one of the injured fell down on the road, the second accused hit him on his right hand with a machete and again caused injury to him. Thus, the accused have committed the above offences.

(3.) Heard; Sri.P.Anoop, the learned counsel appearing for the petitioners Sri.C.S. Hrithwik and Smt. Neema T.V., the learned Senior Public Prosecutors.