Full Judgment
BAIL APPL. NO. 3882 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 3882 OF 2021 PETITIONER/S: SUNIL KUMAR AGED 50 YEARS VALIYA MANGOTTU HOUSE, CHOOLUR P.O, VELLANNUR, POOLAKKODE VILLAGE, KOZHIKODE TALUK, PIN - 673601 BY ADVS. P.C.MUHAMMED NOUSHIQ SRI.K.M.FIROZ SMT.M.SHAJNA SRI.E.C.AHAMED FAZIL RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 SREEJA.V- PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3882 OF 2021 2
ORDER
This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure is by the accused in Crime No.128 of 2021 of the Kunnamangalam Police Station registered under Sections 341, 323, 324 and 308 of the IPC.
2. The prosecution allegation is that on 15.04.2021, while the de facto complainant was walking towards his house, the petitioner intercepted him and attacked him with a chopper causing serious injuries.
3. The learned counsel appearing for the petitioner submitted that he is innocent of the allegations.
4. The submission of the learned counsel was very vehemently
opposed by the learned Public Prosecutor. The learned Public Prosecutor on instructions submitted that the petitioner is involved in 4 other crimes ie., Crime No.123 of 2004, Crime No.181 of 2006, Crime No.593 of 2012 and Crime No.1108 of 2020, out of which, two crimes are under the Gaming Act and two other crimes are under various offence of the IPC, which includes Section 308 of the IPC. It is also submitted that the weapon which is used for commission of the offence has been seized.
5. I have carefully considered the submissions advanced and have carefully evaluated the wound certificate. While considering the prayer for grant of anticipatory bail, this Court has to strike a balance and it has to be
BAIL APPL. NO. 3882 OF 2021 3 ensured that no prejudice should be caused to the free, fair and full investigation. At the same time harassment, humiliation and unjustified detention of the accused will also have to be avoided. The records reveal that the investigation is still in the early stages. The petitioner appears to be a person with criminal antecedents. By no stretch of imagination can it be said that the allegations against the petitioner are frivolous or that he has been falsely implicated. As of now, the claim of the learned counsel for the petitioner that the allegations against the petitioner are of vague nature cannot be countenanced. A probe into the veracity of the allegations at this point of time is not warranted. Suffice to say, considering the nature of the allegations, the role assigned to the petitioner and the stage of investigation, I find no plausible reason to grant an order of pre arrest bail to the petitioner.
6. At this stage, the learned counsel submits that the petitioner is
ready to cooperate with the investigation. I direct the petitioner to surrender before the Investigating officer forthwith. After interrogation, he shall be produced before the Court having jurisdiction. If an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits. This application is dismissed.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE sru