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2025 Supreme(Online)(Ker) 51578

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NIHAL RASHEED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.R.VINOD, SMT.M.S.LETHA, SHRI.KELWIN SIMON, SMT.DEVIKA S.
For the Respondents: SRI. SANAL P RAJ

O R D E R Dated this the 7th day of November 2025 The petitioners are the accused 2 and 3 in C.C.No.295/2018 on the file of the Court of the Judicial First Class Magistrate, Sasthamcotta, which has arisen from Crime No.1103/2017 registered by the Sasthamcotta Police Station, Kollam, as against the accused persons for allegedly committing the offences punishable under Sections 341 , 323, 324 and 326 r/w Section 34 of the Indian Penal Code ( IPC ).

2. The crux of the prosecution case is that, on

30.05.2017, at around 19 hours, the accused persons, in furtherance of their common intention, and personal animosity towards the 2nd respondent (de facto complainant) had wrongfully restrained him, assaulted him and caused grievous hurt to him. Thus, the accused have committed the above offences.

3. I have heard the learned Counsel for the petitioners and the learned Public Prosecutor.

4. The learned Counsel for the petitioners submit that even if the allegations in Annexure A1 final report are taken on its face value, the same will not attract the offence under Section 326 of the IPC , since there is no material to prove that the 2nd respondent has suffered grievous hurt. It is only to haras

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