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2013 DIGILAW 1029 (KER)

K. J. Thomas @ Baby v. State of Kerala, represented by Public Prosecutor, High Court of Kerala Through S. H. O. Payyavaoor Police Station

2013-11-25

THOMAS P.JOSEPH

body2013
Judgment : 1. Petitioner is the accused, in Crime No.370 of 2013 of the Payyavoor Police Station for the offences punishable under Sections 448, 324, 506(ii) and 308 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Case is that on 6.11.2013 at about 7.45 pm the petitioner trespassed into the varendah of the defecto complainant and attacked him with chopper and stick. 3. Learned Public Prosecutor submitted that the defecto complainant suffered two lacerated wounds including on the head. One injury is 6 x 2 cm size. 4. Learned counsel submitted that the defacto complainant attacked the 80 year old father of the petitioner for which Crime No.371 of 2013 is registered. Annexure 1 is produced to show the injuries (allegedly) suffered by the father of the petitioner. 5. It is seen that deadly weapons are allegedly used against the defacto complainant and he had suffered injuries. 6. Having regard to the nature of offence alleged and the weapons used, request for anticipatory bail cannot be allowed. 7. The petitioner, if so advised can surrender before the investigating officer for interrogation and if arrested, the petitioner shall be produced before the jurisdictional magistrate as early as possible. The application is disposed of with the above direction.