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2021 Supreme(Online)(KER) 42389

HIGH COURT OF KERALA
JAISON @ JOBISH P.JOY – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application filed under Section 438 of the Code of Criminal Procedure, by the first accused in Crime No. 636/2021 of Kothamangalam Police Station. The petitioner and another face allegations under Sections 294(b), 324, 326, 506 read with 34 of the Indian Penal Code.

2. The learned counsel for the petitioner submits that he had reached the place of occurrence on being alerted by the second accused, his friend, that the defacto complainant and others had surrounded him; on getting knowledge about it, he reached the place and skirmish followed; in the skirmish the defacto complainant fell down and sustained injuries on his shoulder. He has not suffered any serious injuries. There was no premeditation on his part; in fact the defacto complainant and his gang were attacking himself and his friend. He is prepared to co- operate with the investigation, that custodial interrogation is not necessary.

3. I heard the learned Public Prosecutor also. Also summoned and perused the case dairy.

4. The crime was registered on the strength of the First Information Statement given by one Mahesh, who is working as Confidential Assistant in Vigilance Office, Idukki. That day, himself and h

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