AKSHAY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), challenging Annexure-IV order passed by the learned Sessions Judge, Thrissur cancelling the bail granted to the petitioner by the learned Magistrate.

(2.) The petitioner is the fourth accused in the case registered as Crime No.399/2019 of Aloor police station under Sections 367, 341, 342, 323, 324, 326 and 307 read with 34 I.P.C.

(3.) The prosecution case is as follows: On the night of 17.07.2019/18.07.2019, the de facto complainant was sleeping in his house. At about midnight, the accused Vava called him on the mobile phone and asked him to come out of the house. The aforesaid accused had called the de facto complainant, through the mobile phone, twice or thrice earlier during that night. When the accused Vava called him at about midnight, the de facto complainant reluctantly got out of his house and went to the road. Along with the accused Vava, the accused Stephin and Ratheesh were there inside a car. The accused Ratheesh forcibly got the de facto complainant into the car. They took the de facto complainant to the place "Manattukunnu Chira". The accused Akshay, Ansal and Afsal were waiting there. The accused Stephin repeatedly hit on the head of the de facto complainant with a stone and the other accused beat and hit him. Thereafter, they dragged him to a nearby place and brutally assaulted him with iron rods, causing him grievous injuries. Thereafter, the accused took him on a motorcycle to Aloor and abandoned him there on the road.