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2018 Supreme(Ker) 34

R.NARAYANA PISHARADI
P. A. Raveendran – Appellant
Versus
State of Kerala, Represented by Public Prosecutor High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner: P.K. Subhash.
For the Respondent: C.K. Prasad.

JUDGMENT :

R. Narayana Pisharadi, J.

1. The petitioner is the first accused in the case registered as Crime No. 734/2017 of Bekkal police station under Sections 143, 147, 148, 452, 427, 323, 324 and 506(1) read with 34 I.P.C. He seeks the protection envisaged under Section 438 of the Code of Criminal Procedure, 1973 in the event of arrest by the police in the case.

2. The prosecution case can be briefly stated as follows: The petitioner is a relative of the de facto complainant. On 15.11.2017, at about 20.00 hours, the petitioner and eight other persons went to his house on motor cycles. The petitioner, who was armed with a stick, entered into the house of the de facto complainant. He beat the de facto complainant with the stick causing injury on the right hand and also kicked him with his leg. He also threatened that he would kill the de facto complainant and his son. Hearing the commotion, the neighbours reached there and then the petitioner and the others left the place after causing damage to the window glass of the house by throwing stones. Earlier on the day, the de facto complainant had questioned the petitioner about his act of selling liquor at a public place. It is alleged t
















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