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2024 Supreme(Ker) 606

A. BADHARUDEEN
Sandeep G – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BIJU ANTONY ALOOR, K.P.PRASANTH, HASEEB HASSAN.M
KRISHNASANKAR D., REBIN VINCENT GRALAN, ATHUL M. JOSHEY
For the Respondent: SHRI GRASHIOUS KURIAKOSE, SHRI M.P.PRASANTH, SRI C.K.SURESH

ORDER :

This Criminal Revision Petition has been filed under Section 397 r/w 401 of the Code of Criminal Procedure (`Cr.P.C’ for short) by the accused in S.C.No.1275/2023 pending before the First Additional Sessions Court, Kollam. He assails the order in Crl.M.P.No.949/2024 dated 29.05.2024 in the said case, whereby the learned Additional Sessions Judge dismissed an application filed under Section 227 of Cr.P.C, seeking discharge.

2. Heard the learned counsel for the petitioner/accused and the learned Additional Director General of Prosecution in detail. Perused the impugned order, the records placed by the learned counsel for the accused and the case diary as a whole, placed by the learned Additional Director General of Prosecution.

3. The prosecution case is that the accused who got absolved in a peculiar mental condition due to excess consumption of alcohol, called the police control room of Pooyappally Police Station at 3.45 a.m on 10.05.2023. In response to this call, witnesses Nos.3, 10 and 11 reached the house of witness No.13 and found injuries on the body of the accused and decided to give him medical aid. Since the accused hesitated to enter into the jeep, the second witness

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