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2022 Supreme(Online)(KER) 59387

HIGH COURT OF KERALA
VIJU ABRAHAM, J
NOBLE @ ACHU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
B.SURJITH, ARUN JOSE THOMAS, RAHANA JOSE, LIJO JOSEPH

ORDER

This is an application for regular bail.

2. The petitioner is the sole accused in Crime No.908/2022 of Thodupuzha Police Station, Idukki District alleging commission of offence punishable under Section 302 of Indian Penal Code .

3. The prosecution allegation is that, on 13.06.2022 at about

10.30PM, near Lunar Company, Olamattom, Thodupuzha, the accused due to the previous enmity with the deceased Maju and with intention to kill him, attacked the deceased with a weapon and caused injuries on his forehead and he succumbed to injuries at District Hospital, Thodupuzha and thus the accused has committed the aforesaid offence.

4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime due to animosity of certain witnesses. It is also submitted that the petitioner is in custody from 13.06.2022 onwards.

5. The learned Public Prosecutor upon instructions submitted that the defacto complainant and the petitioner were friends and on 13.06.2022, both of them travelled together from Thodupuzha to Olamattom, in an auto Rickshaw. Both of them were under inebriated state, and some dispute sprouted in between them while on the journ

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