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2023 Supreme(Online)(KER) 7171

HIGH COURT OF KERALA
N. NAGARESH, J
SALAHUDEEN KUNJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
TEENA MARY THOMAS

JUDGMENT

Dated this the 20th day of September, 2023 The appellant is the 2nd accused in Session Case No.2287/2022 of the Court of the Special Judge, Special Court for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara. The appellant is before this Court aggrieved by the common order dated 12.04.2023 in Crl.M.P No.54/2023 in S.C.No.2287/2022.

2. Crl.M.P No.54/2023 was filed for grant of regular bail. The accused in S.C.No.2287/2022 are alleged to have committed offences punishable under Sections 449 , 302 read with Section 34 of IPC and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The Special Judge after considering the materials available on record found that a young man was beaten to death in the early morning at 2.00 a.m in his residence in a brutal manner by the accused and his son.

3. The Post-mortem Certificate shows that the deceased has sustained 49 ante-mortum injuries. The Special Judge noted that the injuries would show that the accused had attacked the deceased with intention to commit murder. Considering the gravity of the offences alleged, the accused was denied bail as per order dated 12.04.2023. Agg

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