ANTONY PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.262/2021 of Koipuram Police Station, Pathanamthitta District registered for the offences punishable under Sections 324, 326 r/w 34 of the Indian Penal Code, this petitioner, who is arraigned as the 3rd accused has moved this application under Section 438 of the Code of Criminal Procedure.

(2.) The prosecution case in brief is as follows:

(3.) The learned counsel for the petitioner would submit that this petitioner has absolutely no connection or contact with the defacto complainant and he is residing far away from the place of occurrence. He is also not having any political enmity towards the defacto complainant and the defacto complainant as well as the other accused are total strangers to him. But, still he has been implicated in this case as the 3rd accused. In fact, he is a diver by profession and he has no connection whatsoever with the alleged incident. In fact, in the FI statement also the defacto complainant has not made any reference about this petitioner, even then he apprehends arrest as the case has been registered against him.