ROBIN REJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application filed under Sec. 439 of the Code of Criminal Procedure, 1973 (in short, 'Code'), by the 1st accused in Crime No.274/2024 of the Thiruvalla Police Station, Pathanamthitta, which is registered against the accused for allegedly committing the offences punishable under Ss. 452, 323, 324 and 326 of the Indian Penal Code, 1860 (in short, 'IPC'). The petitioner was arrested on 13/5/2024.

(2.) The gist of the prosecution case is that: on 19/2/2024, at around 9.30 hours, the accused, in prosecution of their common intention, trespassed into the house of the de-facto complainant and tried to attack a person named 'Anson'. When the de-facto complainant, his wife, and the wife of Anson, attempted to prevent the attack, the first accused hit on the de-facto complainant's face with a weapon and he suffered a nasal bone fracture and an injury on his cheek. The accused Nos.2 and 3 attacked and caused hurt to Anson, his wife, brother, and mother. Thus, the accused have committed the above offences.

(3.) Heard; Smt. Stiya Sivan, the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Senior Public Prosecutor.