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2023 Supreme(Online)(Ker) 54266

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
GOPI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: NIREESH MATHEW
For the Respondents: P.G.MANU

ORDER

Dated this the 29th day of March, 2023

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure , by the petitioner, who is the sole accused in crime No.101/2023 of Varantharappilly police station, Thrissur.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the case diary as such, along with copy of medical records form part of the case diary placed by the learned Public Prosecutor.

4. The prosecution case is that at about 22 hours on 11.02.2023, the accused herein assaulted the defacto complainant with intention to cause grievous hurt by using a weapon looks like an iron rod and in consequence thereof, the defacto complainant sustained injuries on frontal area of the head and consequential fracture. This is the base on which the prosecution alleges commission of offence punishable under Section 326 of IPC .

5. The learned counsel for the petitioner read out the relevant portion of the First Information Statement to point out that, going by the FIS, the ingredients to attract offence under Section 326 IPC could not be read out. It is submitted further that no motive is alleg

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