FASALUDHEEN K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure by the accused 1 and 2 in Crime No.35/2024 of the Bekal Police Station, Kasargod, registered against the accused (5 in number) for allegedly committing the offences punishable under Ss. 143, 147, 148, 341, 323, 324, 308 and 326 r/w. 149 of the Indian Penal Code. The petitioners were arrested on 16/1/2024.

(2.) The gist of the prosecution case is that: around 22.30 hours on 13/1/2024 the accused in prosecution of their common intention formed an unlawful assembly to cause injury to the defacto complainant. Then, the first accused hit the defacto complainant with an iron rod and others pelted stones at them. Since the defacto complainant warded off the attack, his life was saved. Thus, the accused have committed the above offences.

(3.) Heard Sri.Muhammed Shafi M., learned counsel appearing for the petitioners and Smt. Shyni V.O., the learned Public Prosecutor appearing for the respondent.