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2021 Supreme(Online)(KER) 24074

HIGH COURT OF KERALA
BENNY THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Dated this the 15th day of February 2021 Petitioners are the accused in Crime No.1509/2020 of Nadakkavu Police Station. The above case is registered against the petitioners and others alleging offence punishable under Section 143, 147, 148, 452, 323, 324, 354 & 294(b) read with 149 IPC.

2. The prosecution case is that on 16.11.2020 at about 8.40p.m. all the accused formed themselves into an unlawful assembly with a common object to inflict injuries to the defacto complainant and her family. In prosecution of the common object of the assembly they trespassed into the residence of the defacto complainant at Subhash Nagar and beat on the defacto complainant and her son.

3. Heard learned counsel for the petitioners and learned Public Prosecutor.

4. The learned counsel for the petitioners submitted that the first petitioner obtained a house on mortgage and shifted his residence to the said place. In rainy season the rain water from the road flows to the compound resulting into water log in the premises of the house. Hence he put up a small bund restricting the flow of water inside the compound. It was removed by the defacto complainant and her son. On 16.11.2020 the petitioners were a

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