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2023 Supreme(Online)(KER) 6643

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


Advocates:
AISWARYA E J VETTIKOMPIL, CHRISTINE MATHEW

ORDER

Dated this the 1st day of June, 2023 Accused Nos.4, 5 and 6 in crime No.718/2023 of Kanjirapally police station, Kottayam seek the relief of pre- arrest bail in this petition filed under Section 438 of the Code of Criminal Procedure .

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 141, 142, 143, 144, 294(b), 323, 506(i), 308 of IPC on the premise that the accused herein attacked one 'Kannan' during an altercation between the passengers in a tourist bus and the JCB driver near Kanjirapally, Pettah Junction, when the tourist bus met with an accident. The prosecution allegation is that the fourth accused pushed down the defacto complainant and accused Nos.1 to 3 assaulted him. Apart from the allegation that the fourth accused pushed down the defacto complainant, no allegation raised against accused Nos. 5 and 6.

4. According to the learned counsel for the petitioners, the petitioners are innocent and the overt acts are much less in so far as the petitioners are concerned. Further, it is submitted that the petitioners did not use any weapon as per the pro

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