NELSON @ BIJU Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 439 Cr.P.C.

(2.) The petitioner is the accused No.3 in Crime No. 162 of 2019 of Chavara Thekkumbhagom Police Station registered for the offences punishable under Sections 294(b), 302, 323 and 447 of the Indian Penal Code.

(3.) Vide order dated 27.03.2019 in Crl.M.C. No.509 of 2019, accused Nos.1 and 2 have already been released on bail. The allegation against the petitioner is that he, in furtherance of his common intention with the other accused, assaulted the deceased, which resulted in his death. The overt act is alleged against the first accused. The petitioner has been in custody since 01.04.2019.