SALMANUL FARIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as accused No.1 in Crime No. 322 of 2019 of Thamarassery Police Station registered for the offences under Sections 143, 147, 148, 324, 341 and 354 r/w Section 149 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 07.04.2019 at about 23.00 hrs, while the lady defacto complainant and her husband were travelling in a motor cycle and reached at Parappanpoyil, the accused persons 1 to 6 after forming themselves into an unlawful assembly knowing that they are all members of the said assembly, wrongfully restrained the lady defacto complainant and her husband and beat the husband of the lady defacto complainant with wooden log and the first accused caught hold of the hand of the lady defacto complainant and pushed her down and thereby the accused persons committed the offences.

(3.) It is pointed out that accused 2 to 4 have already been granted pre arrest bail by the learned Sessions Court as per Annex.A order dated 20.04.2019. The ground stated therein for denying anticipatory bail to the petitioner (first accused) is that there is an allegation that he had outraged the modesty of the lady defacto complainant.