ARUN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 579 of 2022 of Pattambi Police Station, Palakkad District for having committed offences punishable under Ss. 451, 323, 324, 294(b), 427, 506(i) and 308 r/w 34 of the Indian Penal Code.

(2.) The allegation against the petitioner is that on 21/8/2022, at about 2.15 P.M., petitioner and other accused persons in furtherance of their common intention trespassed into the residence of de facto complainant with an intention to manhandle him due to the previous animosity out of an incident occurred in a bar during last week. It is further alleged that, the accused persons pulled the de facto complainant out of his residence and the accused no.2 manhandled him with an iron rod and the accused no.3 kicked on his face. The specific allegation against thepetitioner is that he hit the brother of the de facto complainant with a wooden stick and thereby caused hurt to him. The only non-bailable offence alleged against the petitioner is under sec. 308 of Indian Penal code.

(3.) The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 22/8/2022 and continued custody of the petitioner is unnecessary.