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2022 Supreme(Online)(KER) 25137

NIKHIL ROY VITHU – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for regular bail.

2. Petitioner is the 4th accused in Crime No.161 of 2022 of Kannur City Police Station registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 427 and 307 read with Section 149 of the Indian Penal Code.

3. Prosecution allegation, in brief, is that on 13.03.2022 at 9.00 p.m., near to a mosque at Barnasseri in Kannur amsom, the accused formed themselves into an unlawful assembly with dangerous weapons and in prosecution of the common object of the said assembly, they wrongfully restrained the defacto complainant who came in a scooter and beat him using an iron pipe and hacked him using swords causing grievous injuries and attempted to kill him and thus committed the abovesaid offence.

4. Petitioner submits that he was arrested on 21.05.2022 and is in custody since then. The case of the petitioner is that he has been falsely implicated in the abovesaid crime and that when the defacto complainant attempted to abuse an old lady who is the mother of the 1st accused, petitioner along with other accused intervened which resulted in an altercation and thereafter son of the defacto complainant with the

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