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2024 Supreme(Online)(KER) 27192

HIGH COURT OF KERALA
C.S. DIAS, J
VISHNU MOHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV ATHUL POULOSE

ORDER

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , by the fifth accused in Crime No.267/2024 of the Mavelikkara Police Station, Alappuzha, registered against the accused (six in number), for allegedly committing the offences punishable under Sections 143 , 147, 148, 341, 294(b), 323, 324, 427, 325 and 308 r/w Section 149 of the Indian Penal Code and Sec.92(b) of the Right of Persons with Disabilities Act, 2016 . The petitioner was arrested on 21.5.2024.

2. The crux of the prosecution case is that; on 12.3.2024, at around 20.30 hours, the accused, in prosecution of their common intention, wrongfully restrained the de facto complainant and the first accused abused the de facto complainant in obscene language and hit him on his left thigh with an iron rod and also on his left eye. The second accused also hit the de facto complainant on his left shoulder with a wooden stick and kicked on his testicles. Then, the accused 3 to 6 kicked on the de facto complainant. Thus, the accused have committed the above offences.

3. Heard; Sri.Athul Poulose, learned counsel appearing for the petitioner and Sri.C.S. Hrithwik, the learned Senior Public Prosecutor.

4.

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