ANOOP V.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973("Code', for the sake of brevity), by the first accused in Crime No.584/2023 of Panamaram Police Station, Wayanad, registered against the accused (10 in number) for allegedly committing the offences punishable under Ss. 143, 147, 148, 341, 324, 307 read with Sec. 149 of the Indian Penal Code., 1860. The petitioner was arrested on 25/1/2024.

(2.) The prosecution case, in brief, is that: on 16/12/2023, at about 01.00 hours, the accused in prosecution of their common intention formed themselves into an unlawful assembly with armed weapons, like stick and iron pipes, with an intention to kill the de-facto complainant, and the first accused beat the de facto complainant on his head with an iron pipe. Thereafter, the accused 1 to 7 using iron pipes and sticks hit on the head and rear side of the de-facto complainant and he sustained grievous injuries. Thus, the accused have committed the above offences.

(3.) Heard; Smt.M.B.Shyni, the learned counsel appearing for the petitioners and Smt. Seetha S., the learned Public Prosecutor appearing for the respondent