JIBIN J.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (in short, 'Code') by the accused 1 to 4 in Crime No.455/2024 of the Neyyattinkara Police Station, Thiruvananthapuram, which is registered against the accused (six in number) for allegedly committing the offences punishable under Ss. 143, 147, 148, 149, 302 and 212 of the Indian Penal Code (in short, 'IPC'). The petitioners were arrested on 28/3/2024.

(2.) The concise case of the prosecution is that: on 27/3/2024, at around 19.15 hours, the accused 1 to 5 formed an unlawful assembly and went in a car bearing Reg.No.KL-20-S-0518 and wrongfully restrained a person named Adithyan (deceased) and they jointly attacked him. Then the 1st accused handed over a sword to the 2nd accused, who inflicted the stab injury on the neck of the deceased. The accused 3 to 5 assisted the accused 1 and 2 to commit the above offences. The 6th accused provided his vehicle for the accused 1 to 5 to escape from the scene of occurrence. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Suman Chakravarthy, the learned counsel appearing for the petitioners and Sri.C.K.Suresh, the learned Public Prosecutor.