MANU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused Nos.2 and 4 in Crime No. 260/2017 of Enathu Police Station, which has been registered for offences punishable under Secs. 323, 324, 451, 294(b) and 149 of the I.P.C.

(2.) The Police, after investigation had filed Anx.A-1 final report/charge sheet in the matter, which has led the pendency of Calendar Case, C.C.No.1712/2017 on the file of the Judicial First Class Magistrate's Court, Adoor.

(3.) The case against the petitioners herein (A-2 and A-4) was split up as they were not available for trial and the trial as against the others was proceeded. The gist of the prosecution case is that the accused persons had formed themselves into an unlawfull assembly with the common object to criminally trespass into the sit-out of the house in question and they had called abusive words and attacked and inflicted injury to the 5th respondent/P.W-2 and inflicted pain to the 3rd respondent/defacto complainant and her sister, the 4th respondent/CW3, when the latter had tried to intervene and rescue the 5th respondent.