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2021 Supreme(Online)(KER) 30230

HIGH COURT OF KERALA
ASHOK MENON, J
N BABY @ KOTTATHALA BABY – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Dated this the 21st day of January 2021 This is an application filed under Section

438 of Cr.P.C seeking anticipatory bail.

The applicant is the first accused in Crime No.4177/2020 of Kottarakkara Police Station, Kollam, for having allegedly committed offences punishable under Sections 143, 147, 341, 294(b) r/w Section 149 of the IPC and under Section 3(2) of Prevention of Damage to Public Properties Act, 1984

2. The prosecution case, in brief, is that when the woman SI of the Kottarakkara Police Station was taking into custody an offender in connection with a crime, the applicant and others formed an unlawful assembly and committed riot and wrongfully restrained the policemen from carrying of their duties and hurled abuses at them and also caused damage to the police jeep bearing Reg.No.KL-01-BW-5994 causing a loss of Rs.25,000/-

to the public property.

3. The applicant states that the allegations are not true and that a person was illegally taken into custody and the applicant and other accused were questioned to the police regarding taking into custody of a person who is totally innocent. This irked the policemen and they had registered a false fictitious case against the appli

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