AJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sixth accused in crime No.225/2024 of the Nedumbassery Police Station, Ernakulam, registered against the accused (twelve in number), for allegedly committing the offences punishable under Secs.279, 323, 308 and 427 r/w Sec. 34 of the Indian Penal Code (in short, ' IPC' ). The petitioner was arrested on 29/2/2024.

(2.) The essence of the prosecution case is that: on 19/2/2024 at around 3.45 hours, while the defacto complainant was driving his vehicle, a car bearing No.KL-07-DC-7476 overtook him at high speed and hit on his car without stopping. The defacto complainant followed the said car and then another car also intervened in the said incident. All the vehicles stopped at the Nedumbassery Airport. When the defacto complainant questioned the driver of the first vehicle, the accused 1 to 4 assaulted the defacto complainant. Then the other accused, who were traveling in the other vehicle, also assaulted the defacto complainant. Thus, the accused have committed the above offences.

(3.) Heard; Sri.T.K.Sandeep, the learned counsel appearing for the petitioner and Smt.Shynimole V.O., the learned Public Prosecutor.