Manoj vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.388 of 2021 of Kilimanoor Police Station registered for the offences punishable under Sections

294(b), 341, 323, 324, 354 and 34 of IPC, the petitioners have moved this application under Section 438 of Cr.P.C.

The prosecution allegation is as follows:

On 04.04.2021 at about 14.00 hours the accused persons due to their enemity towards the father of the defacto complainant attacked him after

abusing him in filthy language. They have slapped on his face with bare hands. When the defacto complainant intervened with a view to rescue him

from the clutches of the petitioners, she was assaulted by them and they also behaved to her with the intention to outrage her modesty and thereby

committed the aforesaid offences.

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

4. The submission of the learned counsel for the petitioners is that the petitioners who are brothers were falsely implicated in the case by the

defacto complainant. They are also residing nearby and in fact no such incident has taken place as alleged by the prosecution. But they apprehend

arrest and hence, the application.

5. The learned Public Prosecutor on instructions submitted that in total three persons including the defacto complainant sustained injuries in the

attack by the petitioners. Hence, granting of pre-arrest bail is opposed by the learned Public Prosecutor.

6. On hearing both sides and on perusal of the documents produced before me, it is apparent that the injuries sustained by the defacto complainant

as well as her father are not very serious in nature. All of them are residing nearby and they are also relatives. No criminal antecedents have been

reported against these petitioners.

7. Having regard to the nature of accusations levelled against the petitioners as well the other facts and circumstances involved in this case, I think

that this petition can be disposed of directing them to surrender before the Jurisdictional Magistrate for interrogation. Upon such surrender, after

recording their arrest and interrogation and recovery if any, they shall be produced before the Jurisdictional Magistrate. If an application for bail is

moved, the learned Magistrate shall hear the matter and dispose of the same on merits, without any delay preferably on the very same day.

Accordingly, the bail application is disposed of.