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Muhammed Afnas vs State Of Kerala

High Court Of Kerala · Decided on 3 October 2023 · Citation: (2023) 10 KL CK 0004

HON’BLE JUDGES
Mohammed Nias C.P., J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 143, 147, 148, 149, 323, 324, 326, 341
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7032 Of 2023
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Judgment

8 paragraphs · 326 words

Mohammed Nias C.P., J

1.

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

2.

The petitioners are accused Nos. 1 to 5 in Crime No.372/2023 of Payyoli Police Station, for having allegedly committed offences punishable under Sections 323, 324, 326, 341, 143, 147, 148 r/w Section 149 of the Indian Penal Code.

3.

The prosecution case is that, on 30.06.2023 at 8.00 p.m., the petitioners herein and others unlawfully assembled and wrongfully restrained the de-facto complainant’s father at Beach Road Junction, Kottakkal and the accused No.5 hit with Idikkatta on his father’s face and when the defacto complainant attempted to rescue his father, accused No. 5 hit on his face also with idikatta and at that time accused No. 1 hit with iron rod on the head of the father of the de-facto complainant. It is also alleged that the accused, Nos. 5 and 1, along with other accused, assaulted one Filsar and Ismail, who attempted to disperse them and thereby committed the offence.

4.

The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. Learned counsel for the petitioners submitted that the petitioners were also injured and hospitalized.

5.

Taking into account the injuries allegedly sustained, I am not inclined to grant anticipatory bail. Therefore, the following directions are issued:-

In the event the petitioners surrender before the Investigating Officer within ten days, they shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioners move 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 petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case.

The bail application is disposed of as above.