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2023 Supreme(Online)(KER) 3666

HIGH COURT OF KERALA
A. BADHARUDEEN, J
ARUN A. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
VISHNU BHUVANENDRAN, B. ANUSREE, RESHMA UNNIKRISHNAN, SMT. SHEEBA THOMAS

O R D E R

This is an application for anticipatory bail under section 438 of the Criminal Procedure Code filed by the petitioner who is arrayed as third accused in Crime No.717 of 2022 of Aryanad Police Station, Thiruvananthapuram.

2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

3. I have perused the Case Diary materials produced by the learned Public Prosecutor.

4. The prosecution allegation is that accused Nos.1 to 3 by name Kannan, Kuttan and Vavachi attacked the defacto complainant and thereby, the defacto complainant sustained injuries and fracture on his head. On the above facts, the prosecution alleges commission of offences punishable under Sections 447, 294(b), 323, 324, 326, 341, 307 r/w 34 of the Indian Penal Code.

5. The learned counsel for the petitioner, who canvassed anticipatory bail to the petitioner would submit that the petitioner is a stranger to the occurrence and his name not stated either in the FIR or in the FIS. According to him, even as per the prosecution allegations, the third accused only beat on the shoulder of the defacto complainant and other injuries were the contribution of accused Nos.1 and 2. He also submitted

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