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2008 Supreme(Online)(KER) 46198

HIGH COURT OF KERALA
R.BASANT, J
SUMITHA @ BABY – Appellant
Versus
THE STATE OF KERALA – Respondent


O R D E R

Application for anticipatory bail. The petitioner, a woman is the second accused. Her husband is the first accused. The de facto complainant is the brother of the first accused. The house of the petitioners was raided by the excise party. The petitioners allegedly entertained an impression that the victim, that is the brother of the first accused, was responsible for informing the excise officials. Because of that animosity, the petitioners allegedly went to the property of the de facto complainant. The petitioner threw a stone at the de facto complainant which allegedly hit him. The first accused had allegedly beaten the de facto complainant with a wooden stick. He has suffered injuries. Investigation is in progress. Crime is seen registered for offences punishable inter alia under Section 308 I.P.C. Investigation is in progress. The petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. All other offences are bailable offences; but an allegation under Section 308 I.P.C has been included with vexatious and mala fide intention. The B.A.No.862/08 2 transparent intention is only that the petitioner

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