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2024 Supreme(Online)(KER) 31134

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


ORDER

1. The application is filed under Sec.438 of the Code of Criminal Procedure, 1973 (‘Code’ for short) for an order of pre-arrest bail.

2. The petitioners are the accused 1 and 5 in crime No.174/2024 of the Vadakancherry Police Station, Palakkad, registered against the accused ( six in number), for allegedly committing the offences punishable under Secs 143, 147, 148, 323, 324 and 308 read with Sec.149 of the Indian Penal Code ( for short, IPC ).

3. The gravamen of the prosecution allegation is that:

    on 10.2.2024, at around 21.00 hours, the accused, in BA No.1641 of 2024 prosecution of their common intention, formed themselves into an unlawful assembly with deadly weapons, and while the injured was passing through the road, the first accused uttered obscene words at him and broke a beer bottle and attempted to stab him. It was only because the injured warded off the attack, he sustained an injury on his right thumb. The other accused chased the injured and the second accused hit him with a plant pot, the accused 3 to 5 fisted him and the sixth accused hit him with a steel stool and caused an injury on his forehead. Thus, the accused have committed the above offences.

4. He

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