Balakrishnan vs State Of Kerala

This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

The Applicant is the 1st accused in Crime No.1955/2020 of Munnar Police Station, for having allegedly committed offences punishable under

Sections 323,324,308 r/w Section 34 IPC.

The prosecution case, in brief is that, the de facto complainant, who is a driver had allegedly distributed the materials which was brought for the

construction of a road to the neighbors in the locality. Infuriated by his act, on 21.12.2020, the accused 1 and 2 in furtherness of common intention

attacked the de facto complainant and the 1st accused tried to hit the de facto complainant with a dangerous weapon like a Jacky lever on his head

which was warded off by the de facto complainant with his right hand and thereby caused injury to his right hand and thump. Had the blow the landed

on his head, it could have proved fatal, thus the applicant and the co-accused attempted to commit culpable homicide. The applicants state of allegation

are not true and that the de facto complainant has not sustained any serious injuries and Section 308 has been incorporated deliberately to refuse the

bail to the applicant. He is willing cooperate with the investigation and therefore, he seeks pre-arrest bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the 2nd accused was already arrested but the weapon allegedly used by the applicant is yet to be

recovered. It is also pointed out that the applicant is a person having criminal antecedents, he is involved in another crime at the year 2020 for offence

punishable under Section 354(A) among others, and therefore, the application for bail is vehemently opposed. After having heard the learned counsel

for the applicant and also the Public Prosecutor, I find that the injury sustained by the de facto complainant is not very serious, it is a simple hurt

sustained to his right hand and the thump, the only reason for the custodial interrogation of the applicant would be for the purpose of recovering the

jack lever which he had allegedly used to cause hurt. The applicant is willing to cooperate with the investigation. The 2nd accused has already been

granted bail after his arrest and therefore, I find that the applicant is entitled to the Pre-arrest bail.

Hence, the application is allowed and the applicant is directed to surrender before the investigating officer within two weeks, and after interrogation

and the recovery in the event of his being arrested, he shall be released on bail on execution of a bond for Rs.50,000/-(Rupees Fifty Thousand only)

with two solvent sureties for the like amount each to the satisfaction of the investigating officer and on the following conditions;

i. He shall not tamper with evidence, influence or intimidate witnesses.

ii. He shall appear before the investigating officer as and when called for.

iii. He shall not get involved in similar offences during the bail period.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.