High CourtsSingle Bench

Sivan vs State Of Kerala

High Court Of Kerala · Decided on 9 February 2022 · Citation: (2022) 02 KL CK 0079

HON’BLE JUDGES
Sophy Thomas, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 324, 326
RESULT
Dismissed
CASE NUMBER
Bail Application No. 7008 Of 2021
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Judgment

9 paragraphs · 158 words

Sophy Thomas, J.

1.

This is an application for anticipatory bail under Section 438 Cr.P.C. The petitioner is the 2nd accused in Crime No.2184 of 2020 of Kottiyam Police

Station, registered under Sections 294(b), 323, 324, 326 read with Section 34 of IPC.

2.

The prosecution allegation is that, on 24.12.2020 at 9 p.m, the petitioner and another accused, armed with deadly weapons, called the de facto

complainant to the road side and after abusing him in filthy language, the 1st accused chopped the back side of his legs and when he fell down, the

petitioner herein, who is the 2nd accused, hit on his backbone with a stone causing fracture.

3.

When the petition was taken up for hearing, learned Public Prosecutor submitted that investigation is over and charge sheet has been filed.

In the light of the above submission, this petition is dismissed, directing the petitioner to surrender before the Jurisdictional Magistrate to seek regular

bail.