MOHAMMED ANWAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The applications are filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short, BNSS), by the accused 1 to 5 in Crime No.504/2024 of the Chavakkad Police Station, Thrissur, which is registered against them for allegedly committing the offences punishable under Ss. 143, 147, 148, 341, 323, 324, 308, 506 (i), and 201 r/w Sec. 149 of the Indian Penal Code. The petitioners were arrested and remanded to judicial custody on 17/7/2024. B.A No.6133/2024 is filed by the accused 1 to 4 and B.A.No.6177/2024 is filed by the 5th accused. As the applications arise out of the same crime, they were consolidated, jointly heard and are being disposed by this common order.

(2.) The crux of the prosecution case is that; on 25/6/2024, at around 16.00 hours, the accused, in prosecution of their common intention, had formed themselves into an unlawful assembly with dangerous weapons and the first accused called the de facto complainant and questioned him for chatting to his wife. Thereafter, he slapped the de facto complainant, the second accused caught hold of his neck and kicked on his navel and fisted on his back, the third accused hit the de facto complainant on his head with a casuarina stick. It is only because the de facto complainant evaded the attack, he did not lose his life. Thereafter, the third accused again struck the de facto complainant on his back with the same stick. The 4th accused fisted on his hip and the 5th accused kicked on his body, and five other identifiable persons also kicked the de facto complainant on different parts of his body. Thus, the accused have committed the above offences.

(3.) Heard; Sri.M.R.Sasith and Sri.Geo Paul, the learned counsel appearing for the petitioners and Smt. Seetha S. and Smt. Neema T.V., the learned Senior Public Prosecutors.