Bineesh @ Bineeshkumar vs State Of Kerala

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

The applicant is the sole accused in Crime No.677/2020 of Aluva West Police Station for having allegedly committed the offences punishable under

Sections 341, 324 and 506 of the I.P.C. Subsequently, an offence under Section 326 of the I.P.C. was also incorporated.

The prosecution case, in brief, is that on 01.11.2020 at about 4.00 PM the applicants allegedly wrongfully restrained the de facto complainant and

assaulted him with deadly weapons like iron rod and thereby committed the offences. The de facto complainant sustained a fracture to his vertebrae,

which could have proved fatal.

The applicant states that the allegations are not true and that there was only a scuffle between them and in the process, the de facto complainant

ran away from there, he happened to fall down and sustained some injuries. The applicant also sustained some injuries on his head and he was treated

in the hospital. He has produced the C.T.Scan record pertaining to his treatment at General Hospital, Ernakulam, at Annexure-2, which indicates that

he has sustained no fracture, but a mild hematoma on the parietal region. The injury sustained by the applicant by no means is grave or serious.

However, serious injury has been caused to the de facto complainant including fracture.

Under the above circumstances, the applicant is not entitled to the exceptional remedy of anticipatory bail. He is directed to surrender before the

investigating officer within two weeks. After interrogation and recovery, if any, and in the event of his being arrested, he shall be produced before the

jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day,

considering the mitigating circumstances regarding the injury sustained by the applicant also.