SREEJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.157/2024 of the Town South Police Station, Palakkad, registered against the accused (nine in number), for allegedly committing the offences punishable under Secs. 143, 147, 148, 341, 323, 324, 427, 326 and 308 read with Sec. 149 of the Indian Penal Code. The petitioner was arrested on 31/1/2024.

(2.) The gist of the prosecution case is that: on 30/1/2024 at around 22.30 hours, the accused 1 to 9 in prosecution of their common intention formed themselves into an unlawful assembly with deadly weapons and the accused 1 to 3 restrained the defacto complainant. The first accused hit him on his head and the second accused hit him on his leg with reapers and the other accused assaulted him with hands. They have also caused damage to his motor cycle. Had the defacto complainant not evaded the attacks, who would lost his life. Thus, the accused have committed the above offences.

(3.) Heard; Sri.V.A Johnson, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor.