V.T.HARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos.2 and 3 among the seven accused in the instant Crime No.1140/2019 of Aranmula Police Station, which has been registered for offences punishable under Secs.143, 147, 452, 294(b), 323, 324, 326, 427 and 354 read with Sec.149 of the Indian Penal Code, on the basis of the FI Statement given by the de facto complainant on 10.09.2019 at about 8p.m., in respect of the alleged incidents which happened on the same day (10.09.2019) at 3.30 p.m.

(2.) The prosecution case in short is that initially, A-2 had wanted to purchase certain commodities from the provision store of the Karamveli Co-operative Society Ltd. at the place in question and the sales were closed on 10.09.2019 afternoon and since the sales were closed for that day, the society personnel informed him that no more sales will be conducted on that day and A-2 got enraged of that and then, he had brought for accused Nos.1 to 4 as well as two other identified persons and they had come to the premise of the Karamveli Co-operative Society Ltd. at about 3.30 p.m. on the same day and that the accused persons had serious altercations with the staff of the society and A-1 had assaulted on the nose of the de facto complainant with a helmet and had caused fracture on his nasal bone and A-2 had assaulted the de facto complainant with stick and that A-3 and A4 had assaulted the de facto complainant with hand and had thrown stone towards the society and the accused persons had caused loss to the society by damaging chairs, vegetables and grocery items. That A-1 to A-4 had assaulted the President and Ward Member of the society and pulled down the ladies staff and thereby outraged their modesty and that hence, the prosecution has stated that the accused persons have committed the abovesaid offences.

(3.) The petitioners herein (A-2 and A-3) have been arrested on 11.09.2019 and after their remand, have been under detention since then. The learned counsel for the petitioners would point out that the abovesaid allegations are false and fabricated and that the petitioners have already suffered detention for the last 20 days and their further detention is not necessary. Further that, the serious overt acts are alleged as against A-1, which is said to have caused fracture on the nasal bone, whereas no such serious allegations are raised against the petitioners herein (A-2 & A-3).