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2026 Supreme(Online)(Ker) 6163

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


Advocates:
For the Appellants/Petitioners: SHRI.BABY THOMAS, SHRI.JOHNY GEORGE, SHRI.K.K.MOHANDAS, SRI.INDRAJITH S KAIMAL, SHRI.ALBERTHOVE FRANCIS.M.G., SMT.EHLAS HALEEMA C.K., SMT.MARIAMMA JOSEPH, SHRI.BIJU GEORGE
For the Respondents: SMT.SEETHA S

O R D E R

The petitioner is the 13th accused in S.C. No.

434/2024 on the file of the Assistant Sessions Court, Alappuzha, which has originated from Crime No. 1297/2016 registered by the Mararikulam Police Station, Alappuzha District, alleging the commission of the offences punishable under Sections 342 , 323, 324, 395 and 506(ii), 120B, 201 and 212 of the Indian Penal Code and Section 27 of the Arms Act, 1959 .

2. The crux of the prosecution case is that:

The accused persons, of whom accused 1 to 4 have prior criminal antecedents, made necessary preparations with the intention to commit theft from CW1 and CW2. Accordingly, on 20.11.2016, at around 22:10 hours, under the guise of an old-to-new currency exchange for a marriage, the 2nd accused, acting in concert with the other accused, took CW1 to an enclosed room where the 3rd accused kicked him, the 4th accused struck him on the head, the 7th accused hit him in the left ear, the 5th accused attempted to assault him with an iron pipe and the 3rd accused also threatened him with a gun and forced him to call CW2 to bring the money. On CW2’s arrival, the accused used physical violence, broke a liquor bottle, and made death threats and

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