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2020 Supreme(Online)(KER) 42884

HIGH COURT OF KERALA
ASHOK MENON, J
Badaru – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RAJIT

O R D E R

Dated this the 1st day of December 2020 This is an application for anticipatory bail under Section 438 of Cr.P.C.

2. The applicants are accused 3 to 8 in Crime No.2051/2020 of Chavakkad Police Station for having allegedly committed the offences punishable under Sections 153 , 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the I.P.C. and under Sections 4(2)(j)

and 5 of the Kerala Epidemic Diseases Ordinance , 2020.

3. The prosecution case, in brief, is that on

08.11.2020 at about 6.50 PM, the applicants, were all members of an unlawful assembly, and in the prosecution of the common object of the said unlawful assembly, provoked persons to breach the law pertaining to the pandemic situation, and then assaulted the de facto complainant and three others with dangerous weapons like an iron rod and attempted to commit culpable homicide.

4. Heard the learned Counsel for the applicants and the learned Public Prosecutor.

5. Allegation of having used the iron rod is attributed solely on the 1st accused. The applicants were not using any deadly or dangerous weapons. They had allegedly attacked the de facto complainant and others with hands and had kicked them. The injuri

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