Gopalakrishnan P. Nair vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.103 of 2021 of Chittarikkal Police Station registered for the offences punishable under Sections

506, 452, 354, 341, 326, 326B, 324 and 34 of the Indian Penal Code, the petitioner has moved this application under Section 438 of the Code of

Criminal Procedure.

The prosecution allegation is that on 18.02.2021 at 10.30 am while the petitioners were constructing a boundary wall to separate their property from

the property of the defacto complainant, the same was obstructed by them and there occurred a scuffle between them. The petitioners who were

having weapons with them have attacked the defacto complainant and her husband with an iron rod, stick etc and caused grievous injuries including

fracture .

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners would submit they are falsely implicated in the case at the instigation of the defacto complainant just because

of her enmity towards them. In fact, there was a dispute between them regarding the boundary separating the properties of both the parties. But on

that particular day, they were attacked by the defacto complainant and her husband and these petitioners have sustained grievous injuries including

burn injuries and crime No.101 of 2021 was registered by the very same police against them. In fact, they have not committed any offence as alleged

by the prosecution but they apprehend arrest and hence this application.

The learned Public Prosecutor on instruction submitted that both the cases are under investigation.

The petitioners and the defacto complainant are close relatives and they are residing nearby. It is also not in dispute that there exists some property

dispute between them and thus the incident alleged has happened on that day. Since the case arose on the basis of the dispute with respect to the

property owned by both the parties, I think that it is better to direct the petitioners to surrender before the investigating Officer and co-operate with the

investigation of the case. It is also to be noted that these petitioners are having no criminal antecedents and all of them are also close relatives.

Having regard to the nature of the injuries sustained by the defacto complainant, the pandemic situation of our country as well the other facts and

circumstances involved in this case, I think that this application can be disposed of directing the petitioners to surrender before the Investigating officer

on 05.07.2021 between 10.00 am and 11.00 am. Upon such surrender, after recording their arrest and after interrogation and recovery, if any to be

effected, they shall be produced before the jurisdictional Magistrate on the very same day. If a bail application is moved by them the jurisdictional

Magistrate shall consider and dispose of the same on the very same day on merits in accordance with law.