SAJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The applications are filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 5 and 8 in Crime No.222/2024 of the Sreekrishnapuram Police Station, Palakkad, registered against the accused ( 9 in number) for allegedly committing the offences punishable under Ss. 143, 147, 148, 447, 341, 323, 324, 325 and 364 r/w Sec. 149 of the Indian Penal Code. The petitioners were arrested on 11/5/2024. B.A No.4640/2024 is filed by the 5th accused and B.A. No.4229/2024 is filed by the 8th accused. As the applications arise out of the same crime, they were consolidated, jointly heard and disposed of by this common order.

(2.) The crux of the prosecution case is that; on 11/5/2024, at around 13 hours, the accused, in prosecution of their common intention, formed themselves into an unlawful assembly with a common object of assaulting the de facto complainant, criminally trespassed into the house of one Mubashir, the friend of the de facto complainant and took the de facto complainant in an autorickshaw to a lonely place and then they attacked him with swords and sticks and they also attacked Mubashir and he suffered dislocation of his tooth. The de facto complainant and his friend suffered serious injuries in the incident. Thus, the accused have committed the above offences.

(3.) Heard; Sri. V.A Vinod and Sri.M.Sasindran, the learned counsel appearing for the petitioners and Sri.C.S. Hrithwik, the learned Senior Public Prosecutor.