JASIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The two petitioners in B.A.No.8855/2019 and the sole accused in B.A.No.8847/2019 have been arrayed as accused Nos. 1 to 3 among the three accused in the instant Crime No.478/2019 of Varantharappilly Police Station, Thrissur which has been registered for offences punishable under Sections 341 , 323 , 324 , 294(b) , 506 , 354 , 452 , 308 , 34 and 427 of the IPC. The said Crime has been registered on the basis of the First Information Statement given by the defacto complainant on 15.11.2019 at about 12 noon in respect of the alleged incident which happened on the previous day (14.11.2019) at about 10 p.m.in the night.

(2.) The prosecution case in short is that three accused persons herein were travelling a motorcycle on 14.11.2019 at about 10 p.m and when they reached in front of the house of the de facto complainant, they alleged that A1 had fallen off the motorcycle, when sitting behind it on account of hitting against the hand of one Sri. Delson, friend of the de facto complaint, who was talking with him and his worker and thereupon, the accused persons had provoked and A1 had slapped Sri. Delson, when the de facto complainant's elder brother, Sri. Mohanan had tried to intervene to obstruct, A1 had hit Mohanan on his head and face with his hands and A3 had pushed aside the house of the de facto complainant's house and got damaged. A3 had broken the fancy light infront of the de facto complainant's house causing cost of more than Rs.2,000/- . A2 had threatened the de facto complainant and demanded money for treatment of A1 and hit with a granite stone on the de facto complainant's head. As the de facto complainant evaded the blow, the stone struck his head causing bump on his head. Again A2 hit the de facto complainant with granite stone which struck against the left eye of the defacto complainant's worker by name, Sri.Ravi, who was standing near to the de facto complainant, thus causing him injuries. If, at that time, the de facto complainant had not evaded the blow by A2 using the granite stone, it would have resulted in grave injury and consequent death. Seeing the elder brother of the de facto complainant being beaten up, his wife Deena got scared and that affected even her mental balance. Thus, thereby the accused persons have committed the above said offences.The three accused persons have been arrested on 15.9.2019 and after their remand, have been under detention since then.

(3.) The learned counsel for the petitioners would point out that the above said allegations are false and baseless and further that no serious allegations for overt acts are alleged as against A3 and that since the applicants have suffered detention for the last 24 days, now this Court may order release them on regular bail subject to any stringent conditions.