Aju And Anr vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C) was heard through Video Conference.

The petitioners are the accused in Crime No.1588 of 2020 of Neyyar Dam Police Station, Thiruvananthapuram District. The above case is

registered against the petitioners alleging offences punishable under Sections 294(b), 323, 324, 326, 506(ii) r/w. Section 34 of the Indian Penal Code

(IPC).

The prosecution case is that, on 2.11.2020 at 10 p.m., the petitioners attacked the brother of the defacto complainant. When the petitioners attacked

the defacto complainant's brother, the defacto complainant tried to prevent and protect the brother from the attack. Then the 1st accused attacked the

defacto complainant. It is alleged that, the accused used dangerous weapon like wood stick and knife.

Heard the learned counsel for the petitioners and the learned public prosecutor.

The learned counsel for the petitioners submitted that, even if the entire allegations are accepted, the offence under Section 326 IPC is not made

out. The counsel submitted that, the incident is not happened as alleged by the prosecution. The counsel submitted that, the individual overt act alleged

against the 1st accused will not attract the offence under Section 326 IPC. The counsel submitted that the petitioners are ready to abide any conditions

if this Court is granting bail to them.

The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that, the 1st accused used a wooden stick and the 2nd

accused used a knife. The public prosecutor submitted that because of the act of the accused, a portion of the left index finger of the defacto

complainant sustained grievous hurt. The public prosecutor submitted that, this Court may not pass orders under Section 438 Cr.P.C.

After hearing both sides, according to me, this is not a fit case, in which the extraordinary jurisdiction under Section 438 of the Cr.P.C. can be

invoked.

At this stage, the learned counsel for the petitioners submitted that, they are prepared to co-operate with the investigation and prays for issuance of

necessary orders to that effect. Therefore, this bail application is disposed of with the following directions:

(i) The petitioners shall surrender before the investigating officer within 10 days from today;

(ii) If the petitioners surrendered before the investigating officer within 10 days from today, the investigating officer will interrogate the petitioners and

thereafter if they are arrested, they will be produced before the jurisdictional Court forthwith;

(iii) At the time of production of the accused before the Court, if a bail application is filed by the petitioners before the Court concerned after giving

prior notice to the Prosecutor concerned, the Court will consider the bail application on merits preferably on the date of filing of the same itself.

This bail application is disposed of as above.