COMMON ORDER

Dated this the 15th day of November, 2024 The applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the accused 1, 2 and 4 in Crime No.668/2024 of the Maradu Police Station, Ernakulam, which is registered against four accused persons for allegedly committing the offences punishable under Sections 137(2), 351(2), 296(b), 324(4), 309(4) and 110 of the Bharatiya Nyaya Sanhita, 2023.

2. BA No.9031/2024 is filed by the 1st accused, BA No.9066/2024 is filed by the 2nd accused and BA No.9069/2024 is filed by the 4th accused. As the applications arise out of the same crime, they are consolidated, jointly heard and are being disposed of by this common order.

3. The crux of the prosecution case is that:

on 12.08.2024, at 22:45 hours, the four accused persons, in furtherance of their common intention directed the defacto complainant to come near a petrol pump and then, the 1st accused closed his mouth and nose of the defacto complainant and suffocated him, and the 2nd accused hit him on his head and eyes and the 3rd accused caught hold of his neck and pushed him on the ground. After that, the 3rd accused attempted to murder him. The accused