BIJEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos.3, 7 and 8 among the 12 accused persons arrayed in the instant Crime No.1189/2019 of Ollur Police Station, which has been registered for offences punishable under Sections 143, 147, 148, 354, 427, 326, 452 and 212 r/w. Sect.149 of IPC. The petitioners herein A3, A7 and A8 have been arrested in this case on 9.9.2019 and after the remand, they have been under detention since then.

(2.) The brief of the prosecution case is that on 8.9.2019 at 2.00 p.m., the accused persons had formed themselves into an unlawful assembly, armed with deadly weapons like sword and stones, and trespassed into the rented house of the defacto complainant, smashed the window pane glasses, broke open the door, pushed down the defacto complainant, causing fracture to her right hand and outraged her modesty etc.

(3.) It is pointed out by the petitioner that the lady defacto complainant has clearly stated in her First Information Statement that she had previously suffered a fracture on the same hand before the present incident etc. Further it is pointed out that since the petitioners have already suffered detention for the last 67 days, their continued incarceration may be avoided and that this Court may grant them regular bail. It is further pointed out that this Court, as per the separate order rendered today (15.11.2019) in B.A.No.8171/2019, has already granted regular bail to accused No.5 in this case, who was also arrested in relation to this case on 8.9.2019.