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2022 Supreme(Online)(KER) 25989

HIGH COURT OF KERALA
SHAJI K – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.669/2021 of Manjeri Police station, alleging commission of offences under Sections 333 and 353 of the Indian Penal Code.

3. Allegation against the petitioner is that on 11.12.2021, at about 04.10 pm, the petitioner/accused attacked a Civil Police Officer, who was engaged in law and order duty, resulting in fracture to his right palm and injury to his left shoulder. The petitioner was arrested on 11.12.2021 and was remanded to custody.

4. Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter and that the petitioner has been implicated only on account of previous enmity. It is submitted that the provisions of Sections 333 and 353 of the Indian Penal Code are not attracted as the police officer in question was not in uniform and was not discharging any official duties. It is submitted that the petitioner has been in custody from 11.12.2021 and his continued detention is not necessary for the purpose of investigation. It is submitted that the petitioner recently lost his new born daughter and he is not even able to be with his wife to comfort her.

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