VISHNU P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused 1 and 3 in Crime No.29/2019 of Thalassery Police Station, which has been registered for offences punishable under Secs.143, 147, 148, 452, 341, 324, 506(ii) and 427 r/w Sec.149 of the IPC.

(2.) The brief of the prosecution allegation is that on 3.1.2019 at about 5:15 p.m. the petitioners, along with the other accused, who had formed an unlawful assembly and had armed themselves with deadly weapons, viz., sword, sword stick, bombs, etc., and committed rioting and trespassed into the house of the defacto complainant and had wrongfully restrained her and threatened to kill her by placing sword on her neck and that destroyed the house and the household articles and had thrown a bomb which exploded and that injury was sustained by the lady defaco complainant, her daughter and relatives and that loss of about Rs.7.72 lakhs was sustained by her, etc.

(3.) The incidents are stated to have happened on account of political animosity between the lady defacto complainant's husband, who is an activist of a political party, vis., BJP and the said incidents have occurred in relation to rivalries between the political parties which occurred on a harthal day. It is pointed out that the names of A-1 and A-3 have not been mentioned in the FIR and FIS and that they have been falsely implicated. There are about 25 accused persons and the petitioners have surrendered before the Investigating Officer concerned on 29.1.2019. It appears that though the names of the petitioners have not been stated in the FIS, the lady defacto complainant had later identified the petitioners and it is on that basis Police has taken steps to additionally add the petitioners as accused 1 and 3.