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Judgment
18 paragraphs · 334 wordsK.Haripal, J
This is an application filed under Section 438 of the Cr.P.C. Petitioners are accused Nos.1 and 3 in crime No.658/2021 of Nedumangad police
station, Thiruvananthapuram, which was registered after an incident that had happened at 10.45 p.m. on 13.03.2021 alleging offence punishable under
Sections 143, 147, 148, 294(b), 341, 323, 324, 506(ii) and 326 r/w 149 of IPC.
I heard the learned counsel for the petitioners and also the learned Public Prosecutor.
The learned counsel for the petitioners submits that the defacto complainant and the petitioners are near relatives, that the incident was the result of
some family dispute among them, that the petitioner did not use any weapon of offence against the defacto complainant and their interrogation in
custody is not warranted.
The learned Public Prosecutor submits that the defacto complainant had suffered a fracture on the metacarpal bone on account of attack using a
reaper by the 5th accused, that he has already been arrested and the weapon of offence has been recovered.
From the versions of counsel on both the sides, it appears that the petitioners, though had allegedly shared common object of an unlawful assembly,
have not used any weapon of offence and had only manhandled the defacto complainant. Moreover, weapon of offence has already been seized. In
the circumstances, their custodial interrogation will not serve any purpose. They are relatives also.
In the circumstances, the petitioners are at liberty to surrender before the Investigating Officer within ten days from today and make themselves
available for interrogation; in the event of arrest, they shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each
with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; they shall co-operate with the investigation, shall not try
to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
Bail application is allowed as above.