MANU DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.423/2024 of Sasthamcotta Police Station, Kollam, registered against the accused (three in number) for allegedly committing the offences punishable under Ss. 294(b), 341, 323, 324, 326, 427, 506(i) and 307 r/w Sec. 34 of the Indian Penal Code( in short, 'IPC'). The petitioner was arrested on 17/3/2024.

(2.) The essence of the prosecution case is that: on 12/3/2024 at around 12.30 hours, the accused 1 to 3, out of their previous animosity and in furtherance of their common intention, wrongfully restrained the defacto complainant and his friend named Rahul, and the 1 st accused stabbed the defacto complainant on his chest with a knife, who suffered a deep injury on the left side of his chest and a fracture on his ribs. Thereafter, when one of the friends of the defacto complainant named Krishnadas attempted to prevent the 1st accused from committing further assault on the defacto complainant, but the 1st accused stabbed him also. The 2nd accused vandalized the autorikshaw of the defacto complainant and caused a loss of Rs.75,000.00. The 3rd accused uttered obscene words at the defacto complainant. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Ajaya Kumar G., the learned counsel appearing for the petitioner and Smt. Neema.T.V. the learned Public Prosecutor.