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2011 Supreme(Ker) 795

K.T.SANKARAN
Ajinees – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:T.V. Jayakumar Namboodiri, Advocate.
For the Respondent: V. Tekchand, Public Prosecutor.

JUDGMENT :-

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.2 in Crime No.558 of 2011 of Kannur Town Police Station.


2. The offences alleged against the petitioner are under Ss.143, 147, 148, 341, 324 and 308 read with 149 of the Indian Penal Code.

3. The prosecution case is the following:

The de facto complainant, who is a BBM student, while traveling in a car with his brother, father and others to the new bus stand Thavakkara, Kannur, they stopped the car near a mosque waiting for his friend. At that time, about 10 persons came on bikes and should at the de facto complainant as to whether he did not know that it was a hartal day and they questioned him as to how he could take a vehicle on that day. The accused persons caught hold of the de facto complainant and he was beaten by them. When attached with an iron rod on his head, the de facto complainant evaded and he sustained injuries on his left eye brow. The de facto complainant was admitted in the hospital. When the de facto complainant was caught hold of and attached by the accused, all others in the car ran away. When the assailants left the place



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