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2024 Supreme(Ker) 169

A. BADHARUDEEN
Bipin Sunny – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Joby Cyriac, Kurian K Jose
For the Respondent: Sri.Denny K Devassy, Sr.Public Prosecutor

ORDER :

This is the third application for anticipatory bail filed by the petitioner, who is accused in crime No.27/2023 of Aloor police station, Thrissur.

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

3. I have perused the case diary as such along with the report placed by the learned Public Prosecutor.

4. The prosecution case is that on 07.01.2023 at about 11 am, when the defacto complainant reached Muriyad, the accused herein wrongfully restrained the defacto complainant and attempted to prod on his abdomen with intention to commit culpable homicide, not amounting to murder. Since the defacto complainant evaded, the same caused abrasion on the abdomen. Thereafter, the accused again stabbed the defacto complainant and the same caused deep injury on his right wrist. On this premise, the prosecution alleges commission of offence punishable under Sections 341, 324 and 308 of IPC.

5. The learned counsel for the petitioner, who canvasses anticipatory bail for the third time, after dismissal of earlier bail applications, viz., B.A.No.269/2023 as per order dated 02.03.2023 and B.A.No.4416/2023 dated 21.07.2023, moved before the Apex Court and sought the re

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