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2017 Supreme(Online)(KER) 11513

HIGH COURT OF KERALA
SUNIL THOMAS, J
ANEESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RAAJESH S.SUBRAHMANIAN, SRI.V.R.RAJESH

ORDER

Petitioners are accused of having caused fracture injury on the de facto complainant in Crime No.277 of 2017 of Kumbala Police Station. Pursuant to the FIS lodged, crime was registered for offences punishable under sections 341, 324, 326 r/w 34 of the Indian Penal Code and they apprehend arrest.

2. According to the prosecution, the incident happened on

19.04.2017 night in the course of a marriage reception. Two groups of youngsters are alleged to have fought against each other. According to the petitioners herein, in fact the de facto complainant and others herein are the assailants and they attacked the petitioners herein.

3. To buttress that contention, learned counsel for the petitioners relied on Annexure-B, which is the FIR registered in Crime No.273 of 2017 on 20.04.2017. According to the petitioners, first petitioner sustained injury on the scalp and other injuries and was taken by petitioners 2 and 3 to a hospital 14 kms away from the place of incident. Annexure-C is the wound certificate as recorded by the doctor after examining him at 1.10a.m. According to the petitioners, the present crime was registered on 22.04.2017 as an B.A.3522/17 afterthought. The de facto comp

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