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2007 Supreme(Online)(KER) 26514

HIGH COURT OF KERALA
R.BASANT, J
KOLLAN MOHANAN @ CHEKORU KUTTIYAT MOHANA – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Application for anticipatory bail. The petitioner faces allegations under Sec.326 IPC. Investigation is in progress. The petitioner apprehends imminent arrest. The learned counsel for the petitioner submits that the petitioner is not actually the aggressor but he is only the victim of aggression. A counter case has been registered. The petitioner actually suffered a grievous injury- fracture of rib bone. The allegations raised are totally false.

2. The learned counsel for the petitioner finally submits that even if the entire allegations were accepted, offence cannot fall under Sec.326 IPC. There being no allegations of using any weapon for committing the offence by the petitioner, the learned Public Prosecutor fairly concedes that there is no allegation that the petitioner has used any dangerous weapon for commission of the offence. The allegation was only that the petitioner had bitten the de facto complainant and injuries caused to him. Even assuming the injury is grievous, the offence does not fall under Sec.326 IPC, submits the learned counsel for the petitioner. 3. Having considered all the relevant circumstances, I find merit in the prayer for anticipatory bail filed by

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