Muhammadali K.K. vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.463 of 2021 of Valayam Police Station, Kozhikode District registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 and 294(b) r/w Section 149 of the Indian Penal Code, the petitioners/accused Nos.1 and 2 have moved this application under Section 438 of the Code of Criminal Procedure.

The prosecution allegation is as follows :-

On 19.08.2021 at about 18.20 hours they have formed themselves into an unlawful assembly in prosecution of the common object to attack the defacto complainant and while he was travelling in his car, they intercepted the vehicle. The first accused dragged him out of the car and kicked on his abdomen and the second accused had attempted to hit him with a stone on his head. Somehow or other he evaded the same. Had it been otherwise, it would have caused his death. The third accused with a stone broken the front glass of the car driven by the defacto complainant and caused a loss to the tune of Rs.10,000/-. Thereby, they have committed the aforesaid offences.

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

The learned counsel for the petitioners have submitted that they were booked in this case due to political rivalry. They have not committed any offence as alleged by the prosecution. So also the defacto complainant has not sustained any injury in the alleged attack by these petitioners. But they apprehend unnecessary arrest and hence this application.

According to the learned Public Prosecutor no serious injury was caused to the defacto complainant, though he was attacked by these petitioners due to their enmity towards him. Now the investigation of the case is well in progress and none of the accused have been arrested and that is the reason for the delay in proceeding with the investigation.

The nature of the accusation levelled against these petitioners would show that in prosecution of the common object to attack the defacto complainant, the petitioners have encircled him and dragged him out of the car and attempted to cause injuries. But he has not sustained any serious injuries in the attack by these petitioners as well as by the other accused. But his car was damaged by these petitioners and loss to the tune of Rs.10,000/- was caused in the attack by these petitioners as well the other accused.

Having regard to the nature of accusation levelled against these petitioners as well the other facts and circumstances involved in this case, I think that custodial interrogation of these petitioners may not be required for the investigating agency to proceed with the investigation of the case, which is well in progress. Therefore, I think that this application can be disposed of directing them to surrender before the investigating officer on 27.10.2021 between 10.00 am and 12.00 pm. Upon their surrender, after recording their arrest and interrogation, they shall be produced before the jurisdictional Magistrate on the very same day. If an application for bail is moved by these petitioners, the same shall be disposed of, without any delay, preferably on the very same day.

With this direction, this bail application is disposed of.