VIJAYAKUMAR Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN

JUDGEMENT

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

(2.) The applicant herein is the 1st accused in Crime No.979 of 2018 of the Vallikkunnam Police Station, registered for the offences punishable under Sections 294(b), 324, 323 and 326 read with Section 34 of the Indian Penal Code.

(3.) On 5.09.2018 at 3.30 p.m. Crime No.979 of 2018 was registered against one Aneesh, Ajith and Lijo and 2 others, who could be identified at sight under Sections 294(b), 323, 324 and 326 read with Section 34 of the Indian Penal Code. In the statement given by the de facto complainant to the Station House Officer on 05.09.2018, he alleges that he used to work in the workshop of the applicant herein. He suffered an accident in the course of his employment which prevented him from engaging in work in the applicant's workshop. While so, the wife of the applicant herein filed a complaint that a false facebook profile was created and obscene messages were sent to the neighbours making it appear that it was sent by her. As the de facto complainant was one of the suspects, he was summoned to the Police Station. Later, he was called on his mobile phone by one Lijo and the de facto complainant was asked to come to the house of the applicant. It is alleged that Aneesh, Ajith and Lijo and two persons, who could be identified at sight, attacked him with weapons and caused serious injuries. Hearing his cries, the applicant herein and the neighbours came to the spot. He further states that it was the applicant herein who had removed him to the Kayamkulam Government Hospital, where he was provided with treatment.