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2019 Supreme(Online)(KER) 32432

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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