Al.Ameen.A vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by the 5th accused in Crime No.141 of 2024 of Eravipuram Police Station, Kollam, registered under Sections 143, 147, 148, 294(b), 506, 323, 326 and 308 read with Section 149 of IPC.

The prosecution allegation is that, on 21.01.2024 at about 10.45 p.m, the petitioner along with four other accused persons reached the shop run by the brother of the defacto complainant, by name “Fruits and Bakes”, and asked for food. They were informed that food was over, and due to that enmity, the accused persons attacked the defacto complainant and his brother with an wooden log and sword causing grievous injuries. Further, they committed mischief to the tune of Rs.2 lakhs in the shop.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that there occurred an altercation between the accused persons and the brother of the defacto complainant over the quality of Mayonnaise served to them in their restaurant, and the petitioner brutally attacked by the defacto complainant and he sustained injury, which resulted in 5 stitches on his head.

6 Learned Public Prosecutor on instructions submitted that out of 5 accused, except accused Nos.2 and 5, all other accused were arrested and subsequently released on bail.

Considering the gravity of the offence as revealed from the nature of allegations made, this Court is not inclined to release the petitioner on anticipatory bail.

Learned counsel for the petitioner would submit that the petitioner is ready to surrender before the investigating officer and to co-operate with the investigation. In view of the said submission, the petitioner is directed to surrender before the investigating officer on or before 26.03.2024 at 10.00 a.m., and subject himself for interrogation. The petitioner shall be interrogated to collect all materials and evidence relevant for the purpose of investigation

In the event of arrest, he shall be produced before the jurisdictional Magistrate court on the date of arrest itself. If an application for regular bail is preferred by him, the same shall be considered and disposed of by the learned Magistrate on the date of application itself, as far as possible.

With these directions, this bail application is disposed of.