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Judgment
18 paragraphs · 338 wordsShircy V, J
Apprehending arrest in connection with Crime No.235 of 2021 of Enathu Police Station registered for the offences punishable under Sections 452,
294(b), 341, 323, 324, 354, 506(ii) and 427 r/w Section 34 of the Indian Penal Code, the petitioner has moved this application under Section 438 of the
Code of Criminal Procedure.
The prosecution case is that on 24.03.2021 at about 11.30 pm this petitioner along with the other accused have trespassed into the residential house
of the defacto complainant and attacked him with a dangerous weapons such as sticks, piece of tiles etc and caused injuries. When the mother of the
defacto complainant intervened to rescue him, she was also assaulted by the petitioner and the co-accused and she was pushed down and thus she too
sustained injuries. They have also caused damages to the house of the defacto complainant to the tune of Rs.35,000/- and thus committed the
aforesaid offences.
The learned counsel for the petitioner submits that the allegations levelled against him are false and baseless. He has been falsely implicated in the
case at the instance of the defacto complainant. Still he apprehends arrest and hence this application.
The learned Public Prosecutor on instruction submits that now the investigation of the case is over and charge sheet has been filed before the
jurisdictional magistrate.
Having regard to the nature of the accusation levelled against this petitioner as well the fact that the investigation of the case is over and he is aged
only 19 years having no criminal antecedents, I think that this application can be disposed of directing him to surrender before the jurisdictional
magistrate and seek regular bail. Therefore, he is directed to surrender before the jurisdictional magistrate on 16.07.2021 at 11.00 am. If a bail
application is moved by him, the jurisdictional Magistrate shall dispose of the same on the very same day on merits in accordance with law, considering
the fact that he has no criminal backgrounds and is aged only 19 years.