IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ANEESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of assault and prior animosity are crucial. (Para 2) |
| 2. counsel arguments establish the applicant's innocence. (Para 4 , 5) |
| 3. court's reasoning on bail conditions and circumstances. (Para 6) |
O R D E R
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.
2. The applicant is the accused No.3 in Crime No.104/2016 of Nooranadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 341, 323, 324, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case, in short, is that on account of previous enmity towards CW1, the applicant, along with the others, in furtherance of their common intention to cause hurt, wrongfully restrained him and voluntarily caused hurt to him by slapping him on his face at Adhikattukulangara in Palamel village on 21.01.2014 at 8.45 p.m. It is further alleged that the applicant and accused No.2 inflicted cut injuries above the right ear, head, right shoulder and left side of the neck by using dangerous knives with the intention to cause his death. It is also alleged that accused Nos.4 and 5 volu
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