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2021 Supreme(Online)(KER) 26645

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
ATHUL RAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.V.DILEEP

O R D E R

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

2. The petitioner is the accused in Crime No.221 of 2021 of Sasthamcotta Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 143, 147, 148, 294(b), 323, 324 and

308 read with Section 149 of the Indian Penal Code.

3. The prosecution case is that on 28.02.2021, at about 10.30 p.m., while the de facto complainant's friend Moni asked about the assault sustained by one Jayan, the second accused in the crime used abusive words and assaulted on the left cheek of the de facto complainant with his right hand. It is alleged that the accused attacked the injured using dangerous weapon. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that it is a case and counter case. Annexure-1 is the FIR in the present case and Annexure-2 is the FIR in the other case. The learned counsel also submitted that Annexure-2 FIR was registered first and subsequently, Annexure-1

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