1.This petition is filed under section 438 of the Code of Criminal Procedure. 2.The petitioners herein are the accused Nos.1 to 3 in Crime No.1694 of 2017 of the Narakkal Police Station, registered alleging offence punishable under Sections 341, 323, 324,
326 read with Section 34 of the IPC. 3.The prosecution allegation is that, on 24.12.2017 at about 6.30 p.m., the petitioners herein and the 4th accused, wrongfully restrained the de facto complainant, her husband and minor son and assaulted them with weapons causing injuries. 4.The learned counsel appearing for the petitioners submits that main overt acts are all attributed to the 4 th accused. It is urged that the 1st petitioner herein had also sustained injuries in the same incident. Reliance is placed on Annexure-A1 wound certificate. 5.The learned Public Prosecutor has opposed the prayer. The B.A.No.641 of 2018 2 case diary was made available for perusal. The wound certificate of the victims reveal that they all had sustained serious injuries. Annexure-A1 wound certificate does not show that any serious injury was sustained by the petitioner. 6.I find no reason to exercise the discretionary powers of this Court and grant relief to the petitioners. This petition is dismissed. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE IAP //True Copy\\ P.A to Judge
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