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2024 Supreme(Online)(KER) 5079

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


Advocates:
V.A.SATHEESH, V.T.MADHAVANUNNI, PUBLIC PROSECUTOR, ADDL.DIRECTOR GENERAL OF PROSECUTION, ADDL. STATE PUBLIC PROSECUTOR

ORDER

The application is filed under Section 439 of the Code of Criminal Procedure by the sole accused in Crime No.1356/2023 of the Alakode Police Station, Kannur, which is registered against him for allegedly committing an offence punishable under Section 302 of the Indian Penal Code . The petitioner was arrested and remanded to judicial custody on 14.11.2023.

2. The gravamen of the prosecution case is that: on 13.11.2023, at around 22.15 hours, the accused, out of his grudge towards his friend named Joshi (deceased), who was allegedly having an out of the marriage relationship with the accused's estranged wife, stabbed the deceased with a knife on his chest and he suffered fatal injuries and lost his life. Thus, the accused has committed the murder of the deceased.

3. Heard; Sri.V.T.Madhavanunni, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. There is no material to substantiate the petitioner's involvement in the case. The Investigating Officer has deliberately implicated the petitioner in the crime

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