Krishna Vijayan vs State Of Kerala

Raja Vijayaraghavan V, J

These applications are filed under Section 438 of the Code of Criminal Procedure.

The petitioners herein are brothers and they are accused Nos.2 and 3 in Crime No.80 of 2021 of the Chavara Police Station registered under

Sections 294(b), 341, 323, 324, 326 r/w Section 34 of the IPC.

The prosecution allegation is that on 1.2.2021 at about 3.30 p.m., there occurred an altercation between the de facto complainant and the 1st

accused. The de facto complainant questioned the 1st accused for raising his words. It is alleged that the 1st accused went back home, collected

deadly weapons and returned with accused Nos.2 and 3. In furtherance of their common intention, the accused are alleged to have brutally attacked

the de facto complainant and his brother. Specific overt acts are alleged against each of the accused and the medical records reveal that serious

fractures were sustained on the limbs of the victims.

The learned counsel appearing for the petitioners submits that there are numerous flaws in the version of the prosecution. It is further submitted that

Crime No.81 of 2021 of the Chavara Police Station has been registered against the de facto complainant, inter alia, under Sections 323 and 324 of the

IPC.

The learned Public Prosecutor has opposed the prayer. It is submitted that there are clear materials connecting the petitioners with the crime.

Reliance is placed on the medical records and it is submitted that the injuries clearly corroborate the version of the prosecution.

I have carefully considered the submissions advanced and have carefully evaluated the materials. While considering the prayer for grant of

anticipatory bail, this Court has to strike a balance and it has to be ensured that no prejudice should be caused to the free, fair and full investigation .

At the same time harassment, humiliation and unjustified detention of the accused will also have to be avoided. The wound certificates prima facie

show that serious injuries were sustained by the victim at the hands of the accused. The records reveal that the investigation is still in the early stages.

By no stretch of imagination can it be said that the allegations against the petitioner are frivolous or that he has been falsely implicated. A deeper

probe into the veracity of the allegations at this point of time is not warranted. Suffice to say, considering the nature of the allegations,the role assigned

to the petitioners and the severity of the injuries inflicted, and the stage of investigation, I find no reason to grant an order of pre-arrest bail to the

petitioners.

At this stage Sri.Pratheesh P, the learned counsel, submits that the petitioners are ready to cooperate with the investigation. I direct the petitioners

to surrender before the Investigating officer forthwith. After interrogation, they shall be produced before the Court having jurisdiction. If an application

for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.

These applications are dismissed.