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2011 Supreme(Ker) 891

K.T.SANKARAN
M. T. Hemachandran @ Kamalesh, Kozhikode – Appellant
Versus
Sub Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:P.V. Kunhikrishnan, Advocate.
For the Respondents: Asaf Ali, State Prosecutor.

Judgment :

1. This is an application for bail under Section 439 of the code of Criminal Procedure, filed by accused Nos. 1 to 7 in Crime No.490 of 2011 of Chevayur Police Station, Kozhikode District.

2. The offences alleged against the accused are under Sections 143, 147, 148, 332, 333, 326, 506 (i), 307 read with Section 149 of the Indian Penal Code and Section 3 (2) (e) of the Prevention of Damage to Public Property Act (hereinafter referred to as the PDPP Act).

3. The prosecution case is the following: On 20-9-2011 while the Sub Inspector of Police and two civil police officers were on law and order duty, at about 5.20 P.M., one Sudeep was arrested for drunken rash driving of a motor bike. Sudeep was taken for medical examination. While the police officers were returning from the hospital, the police jeep had to be stopped at Kakkoti Bazaar due to a traffic block. At that time, about 25 persons belonging to DYFI rushed towards the police party shouting “kill those dogs” and attacked them with stones, bricks and sticks. One of the police officers sustained grievous injuries and others sustained minor injuries. Sudeep, who was in the police jeep was also assaulted by the accused pe





















































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