MUHAMMED RIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 1 and 2 in Crime No.304/2024 of the Cheruppulassery Police Station, Palakkad, registered against the accused, for allegedly committing the offences punishable under Ss. 451, 341, 323 and 326 read with Sec.34 of the Indian Penal Code. The petitioners were arrested on 18/5/2024.

(2.) The gist of the prosecution case is that: on 17/5/2024, at around 19.15 hours, the accused, in furtherance of their common intention, trespassed into the shop of the de facto complainant and the first accused hit on the cheek and head of the de facto complainant and left hand with a plastic pipe, who suffered a fracture of his ring finger. The second accused also confined the de facto complainant and hit him. Thus, the accused have committed the above offences.

(3.) Heard; Sri.M.Sasindran, the learned counsel appearing for the petitioners and Smt.Neema T.V, the learned Senior Public Prosecutor.