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2007 Supreme(Online)(KER) 371

HIGH COURT OF KERALA
R.BASANT, J
RAJEEV – Appellant
Versus
SI OF POLICE – Respondent


Advocates:
SRI.P.SREEKUMAR, SRI.K.S.MANU (PUNUKKONNOOR), SRI.JAI GEORGE

ORDER

Application for anticipatory bail. The petitioner is the 1st accused. Altogether, there are three accused persons. The crux of the allegations is that the de facto complainant was attacked by the accused persons while he was addressing a gathering. The de facto complainant has suffered only insignificant injuries. The allegations have been raised, inter alia, under Secs.323 and 308 of the IPC. The alleged incident occurred on 24/6/07. Investigation is in progress. The petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Exaggerated allegations are raised and the offence under Sec.308 of the IPC is included only because of the political clout of the de facto complainant who belongs to C.P.M. The nature of the injuries suffered and the nature of the alleged incident must eloquently convey that the introduction of Sec.308 of the IPC is not justified, submits the learned counsel for the petitioner.

3. The wound certificate has been read over to me. There is nothing to indicate that there was any violence inflicted on the de facto complainant with any dangerous weapons. The alleged incident took place whe

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