IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JAYAPRAKASH @ PRAKASH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. application for bail under a specific legal provision. (Para 1 , 2) |
| 2. circumstances of the case and details of the incident. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding the merit of bail and witness conditions. (Para 8 , 10) |
ORDER
This is an application seeking regular bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
2. The petitioner is the sole accused in Crime No.551/1994 of Chengannur Police Station. The offence alleged against the petitioner is punishable under Section
302 of the Indian Penal Code .
3. The prosecution’s case is that when the accused and CW1’s father, Kuttappanikkar, had an argument, CW1’s father, out of resentment at the accused’s obscene remarks, assaulted the accused with the intention of causing his death, or at least with the knowledge that his actions were likely to result in death. On 15.11.1994, at about 7:15 p.m., on the Pampa Irrigation Main Canal Road, between Mannilethupadi Junction and Anjilichuvadu in Ariyannoorssery, the accused and the witness’s father had an argument. During the altercation, the witness’s father allegedly abused the accused, whereupon the accused struck him on the nose and the bac
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