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Judgment
7 paragraphs · 245 wordsMohammed Nias C.P., J
This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
The petitioner is the fourth accused in Crime No.1583/2023 of Panangad Police Station, Ernakulam District, for having committed offences punishable under Sections 447, 341, 323, 324, 325, 308 & 294(b) r/w section 34 of the Indian Penal Code.
The prosecution case is that on 7/9/2023 at 8.30 p.m., accused persons trespassed into the house of Kunnezhath Veettil, where the defacto complainant is residing, wrongfully restrained and abused him, and 1st accused was hit with a piece of brick on his head. When the defacto complainant evaded the attack, he sustained an injury below his right eye, and when the second and third accused caught his hands back, 4th accused kicked his chest, thereby sustaining a fracture and committing the above offence.
The learned counsel appearing for the petitioner would say that the petitioner is totally innocent of the allegations and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 23/09/2023, and further incarceration of the petitioner is unnecessary.
The Learned Public Prosecutor opposed the bail application.
Considering the overt act alleged against the petitioner and the serious injuries inflicted, as seen from the wound certificate and the ongoing investigation, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the bail application is dismissed.