KAILAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C.

(2.) The petitioner is the 3 rd accused allegedly involved in Crime No. 1226 of 2018 of Adoor Police Station, Pathanamthitta District. The offences allegedly committed are those punishable under Sections 294(b), 323, 324, 427, 308 r/w Section 34 of Indian Penal Code.

(3.) The allegation of the prosecution was that on 08.05.2018, at 8 p.m, the defacto complainant, restrained the first and second accused who were found abusing his friend Anoop. Then the accused persons showered abusive words at him; the first accused assaulted him with a beer bottle on his head and inflicted injuries thereon and all the accused beat him with hands and legs. In the incident the front glass of the car was also broken and thereby a loss to the tune of Rs.10,000/- was caused. Raising the allegations, First Information Statement was lodged and the crime in question was registered. Petitioner was arrested on 21.08.2018 and remanded by the Court in judicial custody. In the said circumstances the application is moved.