WILSON 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.1242/2023 of the Infopark Police Station, Ernakulam, registered against the accused (2 in number and 7 other identifiable persons), for allegedly committing the offences punishable under Ss. 143, 144, 147, 148, 323, 324, 308, 506(ii), 427 and 395 r/w. S.149 of the Indian Penal Code, 1860 (in short, 'IPC'). The petitioner was arrested on 2/9/2023.

(2.) The essence of the prosecution case is that: on 9/7/2023 at around 20.00 hours, the 9th accused sent a message to the defacto-complainant (injured) pretending to be his girl friend and requested him to go to a place suggested by him. Accordingly, on 10/7/2023 around 02.45 hours, the other accused reached the place where the 9th accused had brought the injured and all the accused hit the injured and he fall on the ground. The first accused attempted to stab the injured with a sharp knife on his chest. Somehow, the injured evaded the attack and he sustained an injury on his left leg. The second accused hit on the head of the injured with a wooden plank and all the other accused shouted to murder him. The accused robbed Rs.1,000.00 from the body of the injured and they took away his ATM card and mobile phone. Thus, the accused have committed the above offences.

(3.) Heard; Sri. M. Rajesh, the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Public Prosecutor appearing for the respondents.