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2023 Supreme(Online)(KER) 17467

HIGH COURT OF KERALA
VIJU ABRAHAM, J
SETHURAJAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.SIJU, S.ABHILASH, ANJANA KANNATH, ADVOCATE GENERAL OFFICE KERALA, P.NARAYANAN, SENIOR G.P.

ORDER

This is an application for regular bail.

2. Petitioner is the sole accused in Crime No.757 of 2022 of Pooyappally Police Station Kollam registered alleging commission of offences punishable under Section 302 of the Indian Penal Code . 3. The prosecution case is this that as there was an enmity between the petitioner and the brother of deceased because of a dispute concerning a way to property there was an attack led by deceased and his brother into petitioner’s residence, in revenge petitioner attacked the deceased in Maruthamonpally Centre using a hacker, causing death of deceased. Thus the accused has committed the abovesaid offence.

4. Petitioner submits that he has been falsely implicated in the above-said crime. The petitioner’s case is that he is the victim and was brutally attacked. Ever since, an earlier incident of attack on petitioner at his own home, the petitioner has been vigilant and scared to even travel. The deceased and his brother led most notorious gang in Kollam. Their gang is based on Maruthamonpally centre. Unfortunately, the petitioner was attacked by the deceased using a weapon, petitioner reacted in private defense and ran away. Later, the police fixe

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