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2021 Supreme(Ker) 373

ZIYAD RAHMAN A.A.
Sreejith, Son Of Suresh, Vijaya Nivas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.BABU S. NAIR
For the Respondent: SMT PUSHPALATHA SR PP

ORDER :

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the sole accused in Crime No1656/2020 of the Sakthikulangara Police Station. The offences alleged against the petitioner are under Sections 294(b), 341, 324 and 308 of the Indian Penal Code.

3. The prosecution case in short is that, on 02.12.2020, when the defacto complainant was travelling on his motorcycle, he was stopped by the petitioner and verbally abused and also attempted to stab on his neck. It is alleged that while attempting to resist the said attack, he sustained serious injuries. It is also alleged that if he had not resisted the said attack, serious injuries would have been sustained to his stomach.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and he has been falsely implicated in the case. It is contended by him that, the materials available are not sufficient to establish any of the offences alleged against him. On the other hand, the learned Public Prosecutor strongly opposed the bail application and insisted for dismissal of the said application.

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