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2021 Supreme(Online)(KER) 38746

SHIJU VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

DATED THIS THE 15TH DAY OF SEPTEMBER, 2021 The petitioner, who is the accused in Crime No. 876 of 2021 of Perunadu Police Station, Pathanamthitta District registered for the offences punishable under Sections 452, 323, 324 and 308 of the Indian Penal Code, has moved this application seeking his release on bail under Section 439 of the Code of Criminal Procedure.

2. The petitioner has been in custody since 03.09.2021.

3. The prosecution case in brief is as follows:

The father of the petitioner expired on 01.09.2021. At that time this petitioner was undergoing quarantine as he was affected with Covid just one month back. The funeral ceremony was fixed to be conducted on 02.09.2021. The defacto complainant, the Vicar of the Church, did not permit this petitioner to attend the funeral ceremonies following the protocol. But that provoked the petitioner and he had, on 03.09.2021, trespassed into the parsonage of St. George Orthodox Church and attacked the defacto complainant. The petitioner tried to beat the defacto complaint with a chair, which fell on his forehead and causing severe injuries. Thereby, the petitioner has committed the aforesaid offences.

4. The learned counsel for the

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