RATHEESH VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the accused No. 6 in Crime No. 83/2009 of Koratty Police Station.

(2.) THE offences alleged against the petitioner are under Sections 120-B and 395 read with Section 34 of the Indian Penal Code.

(3.) THE prosecution case is that the accused persons came on two motor bikes and intercepted the motor cycle driven by the defacto complainant, who is a jewellery owner and forcibly took possession of the motor bike driven by the defacto complainant and escaped. The defacto complainant sustained injuries. According to prosecution, the defacto complainant was attacked under the wrong impression on the part of the accused that the former would be having jewellery and money with him.