RATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicants herein are the accused Nos.3 to 6 in Crime No.1626 of 2019 of the Vanchiyoor Police Station, registered under Sections 120B, 328, 397, 307 r/w. Section 34 of the Indian Penal Code.

(3.) The aforesaid crime was registered on 4.7.2019, on the strength of a statement given by one Jyothikumar, a practising lawyer in various courts at Thiruvananthapuram. In the statement, he alleges that on 3.7.2019, at 10.30 pm, about four persons, who could be identified at sight, trespassed into his office and brutally assaulted him. He was thereafter forced to enter into a vehicle, which was parked nearby, after blind folding him and was taken to Ariyankavu, a place about 100 kms. away. It is further alleged that he was thrown into a ravine by the accused after committing theft of his cash and his mobile phone. He further alleges that his Toyota Etios car was also stolen by the accused. In the FIS, he has stated that the son-in-law of his landlord had employed antisocial elements to kidnap and murder him. He somehow managed to escape and later lodged a complaint. In the course of investigation, it was revealed that his own brother was behind the horrid incident and that he had hired accused Nos.1 to 4 to do away with the victim. The brother of the informant was later roped in as the 1st accused.