SADIK K.K. 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.1334/2023 of the Tanur Police Station, Malappuram, registered against the accused (three in number) for allegedly committing the offences punishable under Ss. 341, 323, 324 and 308 r/w Sec. 34 of the Indian Penal Code ( IPC).

(2.) The essence of the prosecution case, is that: on 22/12/2023 at around 19 hours, while the de facto complainant was working as a rescue guard in an enforcement boat, the accused in furtherance of their common intention along with some identifiable persons, wrongfully restrained the de facto complainant and his friends and the first accused voluntarily caused hurt to the de facto complainant by beating him on his face with an iron rod and, thereafter, attempted to hit on his head. Since the de facto complainant had evaded the attack, he did not lose his life. Thus, the accused have committed the above offences.

(3.) Heard Sri. J.R. Prem Navaz, learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor appearing for the respondent.