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2021 Supreme(Online)(KER) 13270

HIGH COURT OF KERALA
VIVEK – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the first accused in Crime No.1203/2020 of Narakkal Police Station. The offences alleged are under Sections 341,323,324,326,307 & 294(b) of the Indian Penal Code.

3. The prosecution case in short is that on 11.12.2020 at about 05.45 p.m. while the defacto complainant was on her way in the bike ridden by her son in search of another house on rent, the 2nd accused intercepted the bike, pulled her down and slapped on her face. When one Mr. Siby intervened, the petitioner came there and hit on the right side of his forehead with a stone. The accused Nos. 3 and 4 also came there and beat the defacto complainant on her face and hands with their hands.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned counsel for the petitioner also submitted that the petitioner met with a severe accid

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