YUSUF Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 3 in Crime No.206/2024 of the Nattukal Police Station, Palakkad, registered against the accused (five in number and five other identifiable persons) for allegedly committing the offences punishable under Ss. 143, 147, 148, 452, 341, 427, 323 and 324 r/w 149 of the Indian Penal Code. The petitioners were arrested on 16/5/2024.

(2.) The essence of the prosecution case is that; on 13/5/2024, at around 21.45 hours, the accused 1 to 5, along with 5 other identifiable persons, formed themselves into an unlawful assembly, and in furtherance of their common intention, wrongfully restrained the defacto complainant. Then, the first accused using his hands fisted on the eyes of the defacto complainant. Subsequently, the accused one to nine, assaulted the staff of the defacto complainant with iron rods and caused hurt to them. They also damaged the properties of the defacto complainant, causing him a loss of Rs.50,000.00 (Rupees Fifty Thousand only). Thus, the accused have committed the above offences.

(3.) Heard; Sri. T.K. Sandeep., the learned counsel appearing for the petitioners and Smt. C.S.Hrithwik, the learned Public Prosecutor.