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2008 Supreme(Online)(KER) 29629

HIGH COURT OF KERALA
K.HEMA, J
VIJAYAN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Petition for anticipatory bail.

2. According to prosecution, on 12-8-2008 at about 7 p.m.

when de facto complainant along with his brother's son went to house of petitioner, since petitioner had beaten up de facto complainant's nephew. Petitioner poured acid on the face of de facto complainant and he sustained grievous hurt. The alleged offences are under sections 323, 326 IPC.

3. Learned counsel for petitioner submitted that the incident did not occur as alleged. On the same day, at same time de facto complainant, his nephew and a group of people (25 persons in total) trespassed into the compound of de facto complainant, and five of them trespassed into the house and assaulted de facto complainant using chopper. Learned counsel for petitioner also submitted that while five persons attacked petitioner and his wife, others who were standing outside pelted stones at the house and also damaged the vehicle parked in the compound by pelting stones. His wife was also injured in the incident. They were hospitalized on the same day, it is submitted.

BA 6356/08 -2-

4. De facto complainant and others had come to the house to question petitioner since he allegedly assaulted de facto compl

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