MIDHUN.S.NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 1st accused in Crime No.452/2024 of the Kattakada Police Station, Thiruvananthapuram, which is registered against the accused, for allegedly committing the offences punishable under Ss. 143, 147, 148, 341, 323, 324, 326, 294(b) and 307 r/w Sec. 149 of the Indian Penal Code. The petitioner was arrested on 17/4/2024.

(2.) The prosecution case, in brief, is that; on 14/6/2024, at around 17 hrs., the accused (six in number), in prosecution of their common intention, had formed an unlawful assembly and they waylaid the de facto complainant and one Uthaman, who were travelling on a motorcycle, and attempted to murder them. They inflicted serious injuries on the injured. The 1st accused hacked the head of Uthaman with a chopper and he suffered a deep injury including a fracture. When Uthaman attempted to escape, the accused 1 to 4 chased him and again assaulted him, and the 1st accused again hacked him. Thereafter, the accused 2 and 3 caught hold of Uthaman and the 2nd accused told the 1st accused to hack him to death. It is only because Uthaman evaded the attack, he did not lose his life. Thereafter, the accused 1 and 4 repeatedly assaulted Uthaman and he suffered grievous injuries. Accused 5 and 6 also restrained the de facto complainant and fisted him. Thus, the accused have committed the above offences.

(3.) Heard; Sri.M.R.Sarin, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.