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2023 Supreme(Ker) 246

A. BADHARUDEEN
Nishad H, S/o Harees – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HARIKRISHNAN M.S., SHAKTHI PRAKASH, K.DHRUV KUMAR
For the Respondent: VISHNU VIJAYAN, T V NEEMA – SR PP

ORDER :

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the 2nd accused in crime No.271/2023 of Kottiyam Police Station, Kollam, where the prosecution alleges commission of offences punishable under Section 294(b), 323, 324, 307 r/w 34 of IPC.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and the learned counsel representing the counsel for the defacto complainant. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

3. The prosecution case is that, at about 10.30 pm on 21.02.2023, due to previous animosity accused Nos. 1 and 2 abused and assaulted the defacto complainant with intention to commit his murder. Accordingly, the defacto complainant was brutally manhandled by accused Nos. 1 and 2 and in consequence thereof the defacto complainant sustained multiple injuries including serious fracture, though he survived. On this premise the prosecution alleges commission of the above offences.

4. While pressing for grant of regular bail to the petitioner, who has 14 criminal antecedents prior to this occurrence including very serious off

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