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2024 Supreme(Online)(KER) 2759

HIGH COURT OF KERALA
SOPHY THOMAS, J
CHERIYAN.K.D – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Dated this the 05th day of March, 2024 This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by accused Nos. 1 to 3 in Crime No. 59 of 2024 of Ramapuram Police Station, Kottayam, registered under Sections 447, 427, 341, 294(b), 323, 324, 354 and 506(ii) r/w Sec.34 of the Indian Penal Code.

2. The prosecution allegation is that, on 25.01.2024 at about

10.0 p.m., the petitioners trespassed into the shop of the de facto complainant named ‘Kili Light and Sound’ and assaulted the de facto complainant on her neck using an iron rod, and tore off her nighty, outraging her modesty. When her husband intervened, he was also assaulted by the petitioners. Moreover, the petitioners caused damages to the tune of Rs.2,00,000/- by destroying the sound system in their shop.

3. Heard learned counsel for the petitioners and learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioners would submit that, wife of the 1st petitioner is a cardiac patient. The de facto complainant used to play music in her light and sound shop during night hours in loud noise, causing nuisance to the n

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