NITHIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 438 of the Code of Criminal Procedure.

(2.) When the petition came up for hearing, the learned counsel for the petitioner submitted before me that the petitioner is now implicated in crime No.2490/2015 of Karunagappally Police Station. The allegation is that on 21.8.2015 at about 9.30 p.m. the petitioner along with about 11 persons attacked the defacto complainant and thereby committed offences under Sections 143, 147, 148, 324 and 308 r/w. Section 34 of IPC.

(3.) The main submission is that the petitioner was not named in the F.I.R. It is also the submission of the petitioner that the petitioner is the immediate neighbour of the defacto complainant and if he was actually in the group he would have been named in the F.I.R. itself, especially when there were three named persons and when categorically stated that there were 9 identifiable persons. It is an indication that there is implication of this petitioner in the crime due to animosity.