NASEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the fifth accused in Crime No.193 of 2025 of Thrikkunnapuzha Police Station, Alappuzha. The offences alleged against the petitioner are those under Sec. 189(2), 191(2), 191(3), 190, 115(2), 117(2), 118(1), 118(2), 296(b) and 109 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

(2.) According to the FIR, accused 1 to 7 formed themselves into an unlawful assembly armed with dangerous weapons like iron rods and sword sticks, and attacked the defacto complainant with the intention to murder him, due to the enmity for not withdrawing the case against accused 1 and 5. On 23/3/2025 at around 7.10 P.M., first accused after exhorting to murder the defacto complainant, hit him on his left ribs and when he fell down, the other accused stamped him on various parts of body and the second accused hit him with a sword on the head while the first accused abused him and again hit him with the iron rod on the head and the defacto complainant sustained fracture of the ribs and nasal bone and suffered grievous injuries and thereby the accused committed the offences alleged.

(3.) Sri. S.Sanal Kumar, learned Senior Counsel instructed by Adv. Amrita Arun learned Counsel for the petitioner submitted that the prosecution allegations are totally false and the petitioner has been roped in as an accused without any basis. It was also submitted that petitioner was arrested on 30/3/2025 and therefore the continued detention is unnecessary considering the nature of allegations. It was further pointed out that the petitioner's wrist has been partially amputated and also that he is suffering from various illnesses and hence he may be released on bail.