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2024 Supreme(Online)(KER) 30136

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


ORDER

1. Dated this the 3rd day of April, 2024 The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of prearrest bail.

2. The petitioner is the second accused in Crime No.1657/2023 of Kadakkavoor Police Station, Thiruvananthapuram, registered against the accused ( three in number) for allegedly committing the offences punishable under Sections 341, 427, 294(b), 323, 324 & 307 r/w Section 34 of Indian Penal Code.

3. The prosecution case is that; on 10.12.2023 at about 22.00 hours, while the accused were seated in the KTDC Beer Parlour, Vakkom, the defacto complainant overheard the accused speaking that they were involved in crime No.1650/2023 of the same police station. When the defacto complainant approached the accused and attempted to make enquiries about the crime, the accused escaped in a car. Then, the defacto complainant immediately informed the police station, and the police party followed the car and apprehended the accused. Then, the first accused used an iron rod and hit the defacto complainant and his friend. The defacto complainant suffered two lacerated wounds of 12 x 2 cm and 15 x 2 cm on his scalp. Thus, the accused have co

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