ANANTHU P. PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is accused No.1 in Crime No.144/2019 of Kunnikode Police Station, Kollam, which has been registered for offences punishable under Secs.143, 147, 148, 294(b), 450, 506, 323, 324, 354 & 307 r/w Sec.149 of the Indian Penal Code.

(2.) The gist of the allegation of the above crime is that the accused 1 to 5, along with other unidentifiable persons, due to previous animosity, assaulted the de facto complainant and in furtherance of their common object formed themselves into an unlawful assembly armed with sword and committed rioting on 26.01.2019 at about 10.30 p.m. and thus trespassed into the house of the de facto complainant with the intention to commit his murder and further it is alleged that the accused persons had uttered obscene and abusive words against the inmates of the said house and had voluntarily caused hurt to the de facto complainant, who is residing there. The petitioner (A1) had voluntarily caused hurt to the de facto complainant by inflicting cut injury with a dangerous weapon of sword and A2 had beat him with a dangerous weapon of iron rod.

(3.) The petitioner has been arrested on 27.01.2019 and is under judicial custody since the last 75 days also. The learned counsel for the petitioner would point out that the allegations have been raised in the context of the faction of the de facto complainant throwing stones at the procession conducted by the political group of the de facto complainant and the events has taken place in the context of a mob gathered going to the place in question and that allegations had been falsely foisted on the petitioner, etc.