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2024 Supreme(Online)(KER) 23224

HIGH COURT OF KERALA
SOPHY THOMAS, J
ARUN PAUL, – Appellant
Versus
STATE OF KERALA, – Respondent


ORDER

Dated this the 12th day of April, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 , filed by the 1st accused in Crime No.14/2024 of Kattoor Police Station, Thrissur, registered under Sections 341, 323, 324, 308, 447 and 506 read with Section 34 of the I.P.C.

2. The prosecution allegation is that, on 05.01.2024 at about 11.30 p.m., the petitioner along with the 2nd accused, criminally trespassed into the house of the defacto complainant due to their enmity towards his son, and assaulted the defacto complainant and his relatives using a knife. If he could not have evaded that blow successfully, it would have been turned fatal.

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

4. Learned Public Prosecutor opposed the bail application.

5. Earlier bail application filed by the petitioner as B.A.No.1654/2024 was dismissed by this Court on 06.03.2024, on the ground that, recovery of the weapon used by the 1st accused was not effected.

The 1st accused was arrested, and remanded to judicial custody on 17.02.2024. But so far, no petition has seen filed by the prosecution to get his custody for effecting recover

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