VIPIN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C. The petitioners are accused Nos.1, 3 and 4 in Crime No.1961/2018 of Chengannur Police Station. The offences alleged in the crime are those punishable under Sections 294(b), 308, 323, 324 and 427 r/w Section 34 IPC.

(2.) The allegation of the prosecution was that at 17.30 hrs on 31.8.2018, the petitioners along with the other persons attacked the channel reporter and crew members of Mathruboomi news, while they were making preparations for recording a debate conducted in the premises of Sree Vivekananda School, Pandanadu. It is alleged that the crew members were manhandled and damages were caused to their vehicle, camera lens and view finder.

(3.) Sri.Joseph George, the learned counsel for the petitioners has submitted that the allegations though involve are devoid of any basis. According to him the offence under Section 308 IPC was also incorporated into the crime, but, apart from a body note prepared by the police while recording the first information statement, medical documents are not procured by the investigating officer till date to show the injuries sustained by the defacto complainant and others in the alleged incident. The body note reads: