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2021 Supreme(Online)(KER) 6814

ABDUL BASHEER – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicant herein is the accused in S.C. No.600/2018 on the files of the Sessions Court (Marad Cases), Kozhikode. In the aforesaid case he faces indictment for having committed the offences punishable under Sections 302, 342, 447, 449, 354, 392, 325 and 201 of the Indian Penal Code.

3. In essence, the prosecution allegation is that, on 22.05.2017 at about 2.00 a.m, the applicant tied the hands and legs of his deceased wife and smothered her to death. When the minor child woke up, the applicant is alleged to have thrown the child to the ground and strangulated her as well. The applicant was arrested on 25.5.2017. 4. The applicant had earlier approached this Court seeking regular bail and by order dated 4.12.2017 in B.A.No.7968 of 2017, he was granted bail after prolonged incarceration. While granting bail, the fact that the applicant is a disabled person with 50% disability and that he had residual paralysis with a flail at the right lower limb was also considered. One of the conditions imposed required the applicant to refrain from involving in any crimes while on bail.

5. Investigation was completed and final repor

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