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2023 Supreme(Ker) 460

A. BADHARUDEEN
Bipin Sunny, S/o. Sunny – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Biju Antony Aloor, K.P. Prasanth, Archana Suresh, Haseeb Hassan M., Ardra P., Sameeskha P. R.
For the Respondents: Sri. Vipin Narayan A., Sri. C.K. Jayakumar.

ORDER :

This is the second application for anticipatory bail, filed by the sole accused in Crime No.27/2023 of Aloor Police Station.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. I have perused the case diary, as such, placed by the learned Public Prosecutor.

4. The prosecution case is that, on 07.01.2023, at about 11.00 a.m., when the de facto complainant reached Muriyad, the accused herein wrongfully restrained the de facto complainant and attempted to prod on his abdomen, with intention to commit culpable homicide not amounting to murder. Since the de facto complainant evaded, the same caused abrasion on the abdomen. Thereafter, the accused again stabbed the de facto complainant and the same caused deep injury on his right wrist. On this premise, the prosecution alleges commission of offences punishable under Sections 341, 325 and 308 of the Indian Penal Code.

5. Earlier, the anticipatory bail plea, at the instance of the petitioner, was dismissed by a detailed order, as per Annexure 3 order in B.A.No.269/2023, dated 2.3.2023. The contention raised by the parties and the finding of thi

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