HIGH COURT OF KERALA
C.S. DIAS, J
ANEESH, – Appellant
Versus
STATE OF KERALA, – Respondent
The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.
2. The petitioners are the accused 3 and 4 in Crime No.742/2024 of the Aluva Police Station, Ernakulam, registered against the accused (four in number) for allegedly committing the offences punishable under Sections 323 , 326 and 427 read with Section 34 of the Indian Penal Code .
3. The crux of the prosecution case is that: on 23.4.2024 at around 20.30 hours, the accused, in furtherance of their common intention, wrongfully restrained the de facto Bail Application No.3726 of 2024 complainant and the first accused hit him with a beer bottle and caused injuries to him. The accused 2 to 4 assisted the first accused in committing the above offences. Thus, the accused have committed the above offences.
4. Heard; Sri. C.Y Vinod Kumar, the learned counsel appearing for the petitioners and Smt. Neema T.V., the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. A reading of Annexure-A1 FIR would substantiate that the specific overt act is o
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