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2022 Supreme(Online)(KER) 57739

HIGH COURT OF KERALA
VIJU ABRAHAM, J
SURENDRA BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
T.P.PRADEEP, P.K.SATHEES KUMAR, R.K.PRASANTH, MINIKUMARY M.V., JIJO JOSEPH

ORDER

This is an application for anticipatory bail.

2. Petitioners are accused Nos.1 to 3 in Crime No. 815 of

2022 of Koipuram Police Station registered alleging commission of offences punishable under Sections 294 (b), 341, 447, 326, 308 and

34 of the Indian Penal Code .

3. The allegation of the prosecution is that on 07.09.2022, while cement blocks were unloading from the Tipper lorry for constructing a retaining wall for the defacto complainant, petitioners came there and prevented the defacto complainant from constructing the wall. 2nd and 3rd petitioners caught hold of him and the 1st petitioner has beaten him with a steel rod and he has sustained a fracture at the ankle of the leg and thus the petitioners have committed the aforesaid offences.

4. Petitioners submit that they have been falsely implicated in the abovesaid crime. Petitioners and the defacto complainant are close relatives. There is a pathway dispute between them and a civil case, ie., O.S.No.168 of 2013 was filed by the 2nd petitioner and the same was dismissed for non-prosecution. Thereafter the defacto complainant approached the Munsiff's Court and obtained an order of injunction suppressing the earlier suit and

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