KUZHINJALIL JOSE AND ORS. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners herein are the accused Nos. 2 to 7 in Crime No. 364 of 2017 of Payyavoor Police Station, registered under Sections 143, 147, 332, 353, 506(i) and 294 (b) r/w 149 of the IPC.

(3.) On 18.12.2012, the Excise Inspector of Payyavoor Excise Range apprehended the 1st accused, while he was allegedly engaged in the sale of Indian Made foreign liquor. The accused Nos. 2 to 9 in the Crime along with 15 other persons, who could be identified at sight, formed themselves into an unlawful assembly and in prosecution of their common object restrained the Excise Officers and after assaulting them, rescued the 1st accused from their custody. It is specifically alleged that accused Nos. 1, 2 and 6 assaulted two Excise officers and thus deterred them from discharging their official duty.