NIKESH KRISHNAN @ NIKKI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 2 in crime No. 959/2018 of Town South Police Station, Palakkad for offences punishable under sections 447, 435 & 436 read with section 34 of the Indian Penal Code.

(2.) The allegation of the prosecution is that on 23.10.2018, at about 4.14 am, the accused persons set on fire a car belonging to the defacto complainant, parked in the nearby property. He laid a complaint, stating that the act must have been done either by one Rajesh or some other persons engaged by him, since Rajesh had sustained an injury on an earlier occasion, at the hands of the son of the defacto complainant. The investigation led to the petitioners herein. They were arrested on 9.11.2018 and are in custody. They seek bail.

(3.) According to the learned counsel for the petitioners they are innocent and there is no evidence to substantiate the allegations of the prosecution. On the other hand, it was submitted by the learned Public prosecutor that the petitioners herein were present along with Rajesh, when he sustained the injury. The first petitioner is a witness to the above incident. That was the enmity which prompted to the petitioners herein to set on fire the car of the defacto complainant, it was submitted. It was also stated by the learned Public Prosecutor that the investigation had revealed that the petitioners have purchased water bottles from a shop and after emptying it, filled it with three litres of petrol purchased from a nearby petrol bunk. Both the shop owner as well as the person, who was engaged in the petrol bunk have identified the petitioners as the persons who purchased it. The bottles were recovered from the scene of occurrence.