AKASH V. MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicants herein are the accused Nos. 2 to 5 in Crime No.416 of 2018 of Elamakkara Police Station, registered alleging offence punishable under Sections 143, 147, 148, 321, 324, 326 and 308 r/w. Section 149 of the IPC.

(3.) The prosecution allegation is that on 22.04.2018 at 8.30 p.m, owing to previous enmity, the applicants herein along with the rest of the accused formed an unlawful assembly and in prosecution of their common object, wrongfully restrained the de facto complainant and his friend one Ajeesh and the 2nd accused is alleged to have attacked him with an iron rod causing a fracture. It is further alleged that the rest of the accused attacked the friend of the informant with beer bottles and sticks and caused grievous injuries.