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2021 Supreme(Ker) 316

P.V.KUNHIKRISHNAN
Asif P. – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.RAHUL SASI, SMT.NEETHU PREM
For the Respondent: SRI.C.N.PRABHAKARAN

ORDER :

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

2. The petitioner is the accused in Crime No. 217/2021 of Hosdurg Police Station. Above case is registered against the petitioner alleging offences punishable under Secs. 326 r/w 34 of the IPC.

3. The prosecution case is that on 1.3.2021 at about 9.30 pm, while the defacto complainant is travelling on his motor cycle along the Manikoth-Kotta road in Ajanur village, accused Nos. 2 to 5 under abetment of the applicant and as a result of the conspiracy that was hatched by the applicant and the other accused in furtherance of common intention due to political reasons abetted the rest of the accused to pelt stones and mud on the defacto complainant as a result of which he lost his control and fell down from the motor cycle and sustained grievous hut on his leg.

4. Heard learned counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is the 3rd accused and the 1st accused was already released on bail by this Court as per order dated 26.3.2021 under Sec.438 Cr.P.C. Annexure-A2 is the order. The counsel submitt

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