ORDER

1.This application is filed under Section 438 of the Code of Criminal Procedure.

2. The petitioners herein are the accused Nos.2 and 4 in Crime No.493 of 2017 of the Vellarikundu Police Station, Kasaragod. Aforesaid crime has been registered alleging offence punishable under Sections 353, 332, 283 r/w Sec. 34 of the IPC.

3.The de facto complainant is the Sub Inspector of Police of Vellarikundu Police Station. On 26.10.2017 at about 6.55 pm, he had spotted the 4th accused vending fish at the Malom Town Junction. He was asked to shift his business from the Junction. This irked the accused. According to the prosecution, the accused Nos. 1 to 4 ganged up and each of them assaulted and voluntarily caused hurt to the de facto complainant. It is specifically alleged that the 1st accused had twisted his hand, the 2nd accused had kicked him on his thigh, the 3rd accused had destroyed the official badge and the 4th accused assaulted him with his hands. It appears that the de facto complainant was treated at the Public Health Centre by the Civil Surgeon concerned at 9.50 pm on 26.10.2017 for pain on his shoulder.

4.Learned counsel appearing for the petitioner would submit that the 1st peti