AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
17 paragraphs · 367 wordsK.Haripal, J
The 3rd accused in Crime No.608 of 2021 of Kundara police station in Kollam district has moved this application for anticipatory bail. It is alleged
that, he had used a stone against the defacto complainant. But, his name does not figure in the First Information Statement or in the FIR. Later, he has
been arrayed as accused on the basis of the statement given by the other accused which is not admissible. He did not use any weapon against the
defacto complainant. He was not at all present at the alleged place of occurrence.
But these arguments have been disputed by the learned Public Prosecutor. According to the learned Public Prosecutor, the defacto complainant and
another sustained serious injuries in the incident and that was how offence under Section 324 and 307 of the IPC were also invoked. The learned
Public Prosecutor also took to my notice the injuries sustained by the defacto complainant and the other injured. The petitioner had allegedly used an
interlock block for attacking and injuring the defacto complainant and another, that the weapon has already been seized under a mahazar. But it is the
specific case of the prosecution that, the assailants had reached the place in two vehicles, one belonging to the petitioner, the 3rd accused. At this
stage, the learned counsel submits that, the petitioner is prepared to surrender the said vehicle also before the police.
So long as the weapon of offence has already been seized and since the petitioner offers to surrender the vehicle before the Investigating Officer,
his custodial interrogation is not warranted. Therefore, he is at liberty to surrender before the Investigating Officer along with the vehicle and make
himself available for interrogation. In the event he surrenders the vehicle also, he shall be released on bail on executing bond for Rs.50,000/- (Rupees
fifty thousand rupees only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he 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.