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2025 Supreme(Online)(Ker) 15443

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
ROBIN THOMAS, LIJO P JOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: NAVANEETH.N.NATH, SANEL CHERIAN
For the Respondents: SMT. PUSHPALATHA. M.K, SR.PP.

ORDER

The petitioners are accused Nos.3 and 4 in Crime No.47 of

1995 registered at the Tirur Police Station for offences under Sections 143, 147, 148, 323, 324, and 325 read with 149 of IPC . The crime was registered on the allegation that, on 29.01.1995 at about 2 P.M., the accused, in furtherance of their common object, formed into an unlawful assembly and armed with deadly weapons like iron rod, bamboo stick etc., trespassed into the premises of the Girls High School, Tirur and assaulted CWs 1 and 2, resulting in fracture to the left hand of CW1. On filing of final report, the case was numbered as CC No.781 of 2000 on the files of the Judicial First Class Magistrate Court, Tirur. All accused, except the petitioners and the 2nd accused, faced trial in that case and were acquitted by Annexure A2 judgment. By reason of petitioners’ absence, the case against them was split up and refiled as CC No.881 of

2006.

2. The learned counsel for the petitioners submits that pursuant to this Court’s interim direction, the petitioners surrendered before the trial court, were enlarged on bail and the case renumbered as CC No.881 of 2006 itself. It is contented that by reason of the findings in A

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