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2024 Supreme(Online)(KER) 1830

HIGH COURT OF KERALA
C.S. DIAS, J
THAHNOON – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The application is filed under Sec.438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2. The petitioners are the accused 1 to 3 in Crime No.223/2024 of the Attingal Police Station, Thiruvananthapuram registered against them, for allegedly committing the offences punishable under Sections 294(b), 341, 323, 324, 326 and 394 r/w Section 34 of the Indian Penal Code (in short, 'IPC').

3. The gravamen of the prosecution allegation is that: on 31.01.2024 at around 22.00 hours, the accused, three in number, in furtherance of their common intention, had wrongfully restrained the defacto complainant and the 1st accused using a stone, hit on the defacto complainant's nose and he sustained a fracture.

Thereafter, the accused 2 and 3 stamped him.

Subsequently, the 1st accused snatched the gold chain worn by the defacto complainant and the accused escaped from the scene. Thus, the accused have committed the above offences.

4. Heard; Sri.Sarin, the learned counsel appearing for the petitioners and Smt.Neema T.V., the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levele

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