R.NARAYANA PISHARADI
X, S/O BABY V. M. – Appellant
Versus
STATE OF KERALA – Respondent
Is an application for anticipatory bail at the instance of a child in conflict with law maintainable before the High Court or the Court of Session? This question essentially falls for consideration in this application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').
2. The petitioner is the third accused in the case registered as Crime No.349/2018 of the Hosdurg police station under Sections 143, 147, 148, 341 and 307 read with 149 I.P.C. He seeks the protection envisaged under Section 438 of the Code in case of his arrest by the police in the aforesaid case.
3. The prosecution case is that on 31.03.2018, at about 19.30 hours, at the road near the house of the de facto complainant, about 50 persons including the accused in the case attacked him and his friends with deadly weapons and that they made attempt to commit murder of the friend of the de facto complainant by name Nandu. It is alleged that the accused threw stones towards the de facto complainant and his friends and that the second and the third accused wrongfully restrained Nandu and that the second accused beat on the head of Nandu with an
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