SATHEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

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

(2.) When the application came up for hearing, the learned counsel for the petitioner submitted before me that he is the first accused in crime No.33/2015 of Naruvamoodu Police Station. The said crime is registered for an offence under Section 394 of I.P.C. It is the submission that the allegation is that on 18.1.2015 the petitioner along with another demanded the defacto complainant to pay Rs.50,000/ - as goonda fee and on refusal a sum of Rs.42,500/ - snatched away and assaulted the defacto complainant and thereby committed the above offence.

(3.) It is the submission that no stretch of imagination can believe the said version of the prosecution. It is also the submission that there was a huge deposit of sand near the house of the petitioner and the defacto complainant and his associates had attempted to take the sand deposit. This was obstructed by the petitioner and others and consequently the Panchayat authorities prohibited the mining of sand by the defacto complainant and others. Provoked by the same, on the misunderstanding that the petitioner is the person who is behind the prohibition, the said crime is brought into existence.