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2023 Supreme(Ker) 117

A. BADHARUDEEN
Jamshid. P. V. – Appellant
Versus
State of Kerala Represented By the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: J.R.Prem Navaz, Sumeen S., Muhammed Swadiq
For the Respondent: Sri.P G Manu, Sr.Public Prosecutor

ORDER :

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, by the petitioner who is arrayed as accused in Crime No.19 of 2023 of Chalissery Police Station, Palakkad where, he alleged to have committed offences punishable under Sections 341, 323 and 294(b) of the Indian Penal Code as well as under Sections 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

2. Heard the learned counsel for the petitioner and also the learned Public Prosecutor.

3. I have perused the Case Diary materials produced by the learned Public Prosecutor.

4. The case of the prosecution is that, at about 18.50 hours on 08.01.2023, when the petitioner, who is a doctor by profession, was doing on-call duty, he had examined the wife of the accused aged 27 years at casualty attached to Star Med Family Clinic, Karukaputhoor. While so, the accused herein caught hold on his collar and slapped on his left cheek on the allegation that the defacto complainant touched on the body of the wife of the accused. On that premise, the prosecution alleges commission of the above offences.

5.

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