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2023 Supreme(Online)(KER) 5108

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
JITHU @ SAJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
T.KABIL CHANDRAN, R.ANJALI

ORDER

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure , 1973.

2. Petitioners are accused Nos. 1 and 2 in Crime No.554/2022 of Ancuthengu Police Station, Thiruvananthapuram District. The offences alleged against the petitioner are under Sections 341 , 294(b), 323, 324, 506(ii) 452, 354 and 308 r/w Section 34 of the Indian Penal Code , 1860.

3. According to the prosecution, on 10.12.2022 at about 8.30 pm, the defacto complainant was brutally assaulted and abused, and when she ran away from the house, accused Nos.1 to 4 followed her with a chopper and a wooden rod and accused Nos.1 and 2, after assaulting the person who tried to intervene, trepassed into the house of the defacto complainant and pushed her down and shouted obscene words and thereafter caught hold of various parts of her body with intent to outrage her modesty and thereby committed the offences alleged.

4. Sri.T.Kabil Chandran, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that there are matrimonial disputes between the 1st accused and the defacto complain

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