M.G.Sasi vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

The petitioner is the accused in Crime No.983/2023 of Ambalapuzha Police Station, Alappuzha District, for having allegedly committed offences punishable under Sections 341 and 324 of the Indian Penal Code.

The prosecution case, in short, is that, because of the animosity that the paddy land owned by the brother of the informant is previously cultivated by the accused and now the same is being done by the informant, the above animosity on 03/08/2023 at about 8.00 PM, at a place at Panchayath road at Padaharam, that the accused wrongfully restrained the informant and hit him with a iron stick over his scalp and back portion of the body and thereby he had sustained injuries and thereby committed the offence.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

Taking into account the facts alleging the commission of the offences and the injuries allegedly inflicted, I am not inclined to grant anticipatory bail as it might hamper the investigation. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

The bail application is disposed of as above.