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2000 Supreme(Ker) 170

T.M.HASSAN PILLAI
Biju – Appellant
Versus
State of Kerala – Respondent


Judgment :-

T.M. Hassan Pillai, J.

The grievance of the petitioner is against the order of cancellation of bail granted to him by the learned Judicial I Class Magistrate, Sulthan Bathery in Crime No. 253 of 1999 of Pulpally Police Station. Bail was granted to him on the ground that the allegation made by the prosecution against him is that he committed an offence punishable under S.324IPC. On the basis of the statement of the injured (one John Joseph, S/o. Joseph), recorded by the Assistant Sub Inspector of Police, Pulpally Police Station, a case has been registered in Crime No. 263 of 1999 of that Police Station under S.324 IPC.

2. The earliest version of the incident given by the injured (shorn of unnecessary details) is to be stated here. Petitioner's father came to the tea shop conducted by one Sarasamma in the rented building let out to her by him (petitioner's father) and he (father of petitioner) was in a, fully drunken state. He asked one Krishnankutty, who was taking food ('Kanji') at that time from the tea shop of Sarasamma, why he was quarrelling and also threatened him that he would be beaten. Thereafter he told the injured that his father had grabbed the property belongi












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