SHIBU @ RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is accused No.2 in Crime No.294/2019 of Chengannur Police Station, which has been registered for offences punishable under Secs.143, 147, 148, 149, 452, 427, 506 & 354 of the IPC.

(2.) The brief of the prosecution case is that, A1 to A10 and 15 other identifiable persons (who are otherwise not known to the defacto complainant) in furtherance of their common object, outraged the modesty of the lady defacto complainant, and also to cause mischief, formed themselves into an unlawful assembly carrying deadly weapons on the midnight of 4.1.2019 at the location in question. The accused persons had broken opened the front door of the house of the defacto complainant and entered into her house, and A1 by using an iron rod broken the furniture of the complainant, and A2 by wielding a "vadival" ([1]) and "kuruvadi" () had intimidated the complainant, and in the meanwhile the other accused carrying iron rods, "kuruvadi" etc, had caused damage to the household articles of the complainant resulting in mischief worth around Rs.50,000/-.

(3.) The lady defacto complainant has further stated that her son is an activist and sympathizer of BJP and he was remanded to custody in connection with his involvement in a crime relating to the Sabarimala protest by his organisation, and that out of rivalry the accused persons who have the backing of CPIM party, has done the instant crime.