Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 30TH DAY OF SEPTEMBER 2022 / 8TH ASWINA, 1944 BAIL APPL. NO. 7719 OF 2022 PETITIONER/ACCUSED: PRINCE,AGED 38 YEARS S/O LATE NELSON, RESIDING AT PATTIYANTEAYYATHU THEKKETHIL HOUSE, KOTTARAKAVU, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, PIN - 690202 BY ADVS. NIRMAL V NAIR M.ANEESH MUHAMMED NASEEF BIN SALIM ARATHI PRABHAKARAN
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 7719 of 2022 2
VIJU ABRAHAM, J.
------------------- B.A. No. 7719 of 2022 ---------------------------------- Dated this the 30th day of September, 2022
ORDER
Application for anticipatory bail.
2. Petitioner is the sole accused in Crime No. District registered alleging commission of the offences under Sections 324 and 326 of the IPC.
3. The prosecution case is that, on 16.09.2022 at about 6.00 pm, the accused out of enmity towards the
defacto complainant as the latter had filed a complaint against the accused before the Mavelikkara Police, hit the defacto complainant several times with a square tube on his back, and when the defacto complainant tried to block the blow with his right hand, it caused a fracture on his right elbow, and thus the accused committed the above said offences.
4. The petitioner submits that he has been
B.A. No. 7719 of 2022 3 falsely implicated in the above said crime. The case of the petitioner is that he was brutally attacked by the defacto complainant in connection with an ongoing dispute between the auto rickshaw drivers holding parking permit and those not having such permit to park their contract carriage in the auto stand near the Mavelikkara Bus Stand.
5. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
6. The learned Public Prosecutor upon instructions submitted that the defacto complainant was brutally
attacked by the petitioner for submitting a complaint against him before the police that he used to create nuisance in the auto stand after consuming alcohol. Learned Public Prosecutor further submits that in the said attack defacto complainant sustained injuries including fracture on his hand and further submits that recoveries are yet to be effected and custodial interrogation is required.
7. Having regard to the facts and circumstances
of the case, and considering the nature of the B.A. No. 7719 of 2022 4 allegations against the petitioner, I am not inclined to grant anticipatory bail to the
petitioner, but I feel that the bail application can be disposed of with the following directions: The petitioner shall surrender before the investigating officer and shall co-operate with the investigation. In the event of arrest of the petitioner, after interrogation, he shall be produced before the Jurisdictional Magistrate on the very same day. If an application for bail is moved with prior notice to the Public Prosecutor, same shall be considered by the learned Magistrate preferably on the same day. sd/- VIJU ABRAHAM,JUDGE pm