HIGH COURT OF KERALA
MUHAMMED FAVAS – Appellant
Versus
STATE OF KERALA – Respondent
The petitioners herein are arrayed as accused no.4 and 5 in
crime No.574/2018 of Kannur City Police Station for offences
punishable under Sections 143, 147, 148, 341, 323, 324 and 326
r/w. 149 IPC.
2.
The allegation of the prosecution is that on an
allegation that the defacto complainant and others who were
riding on a motorcycle did not permit the petitioners to overtake
the vehicle, they informed their friends, who reached the spot
and assaulted the defacto complainant and his friends. It is
alleged that the first accused wrongfully restrained the defacto
complainant and the second accused punched on the nose with
an iron block. The fourth accused allegedly hit with an iron rod
and the fifth accused hit with a wooden piece. He sustained an
injury on the nasal bone and the friend also sustained some
injuries. Pursuant to the F.I.S laid crime was registered and the
petitioners seek bail.
3.
It emerges that the main overt act is attributed to
3
accused no.2. It seems that some of the co-accused are juveniles.
The petitioners are the persons who instigated the remaining
accused who committed the crime. Though there are allegations
of use of iron rod and stick by the
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