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2021 Supreme(Online)(KER) 13549

HIGH COURT OF KERALA
ASHOK MENON, J
SHEHNAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RENJIT GEORGE, SRI.SANTHOSH PETER SR PP

ORDER

Dated this the 7th day of January 2021 This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

The applicants are accused Nos.1 and 2 in Crime No.2843/2020 of Kundara Police Station, for having allegedly committed offences punishable under Sections 452, 324 and 308 r/w Section 34 of the IPC.

2. The prosecution case, in brief, is that on

21.11.2020 owing to the previous enmity towards the de facto complainant for not having given the accused goonda fees and not providing them with a glass for consuming alcohol, the first accused allegedly attempted to hit the de facto complainant on his head with an iron rod, which he evaded and hit landed on his shoulder and he sustained a contusion on the shoulder and the back side of his body. The other accused also assaulted him and accused Nos.2 to 4 tried to break open the door at the room where the de facto complainant and others were residing and committed criminal house-trespass.

3. The applicants state that they are innocent and the allegations are not true. No grave injury has been sustained and Section 308 IPC has been incorporated merely to deny bail to the applicants and therefore they seek anticipatory

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