HAMZA AND OTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicants herein are accused Nos.5 and 6 in Crime No.590 of 2018 of the Mannarkkadu Police Station. In the aforesaid crime, they are the accused of having committed offences punishable under Sections 143, 147, 148, 452, 323, 324, 506(ii) and 354 read with Section 149 of the Indian Penal Code.

(3.) On 24.08.2018 at about 3.30 p.m., the accused Nos.1 to 3, who have been named in the FIR, along with 5 persons, who could be identified at sight, are alleged to have formed an unlawful assembly and in prosecution of their common object, trespassed into the house of the de facto complainant and the 1st accused Mansoor is alleged to have torn off her clothes of the de facto complainant and kicked her on her lower abdomen. It is also alleged that they attacked one Akber and Nizar, who were there in the home of the de facto complainant, and caused injuries.