Rajeesh R vs State Of Kerala

Mohammed Nias C.P, J.

Apprehending arrest in Crime No.1603/2023 of Cherthala Police Station, registered for offences punishable under Sections 294(b), 326 and 308 r/w 34 of the Indian Penal Code, the accused Nos.1 and 2 have filed this application under Section 438 of the Code of Criminal Procedure.

The prosecution case is that due to a previous animosity towards the friend of the defacto complainant named Sudheesh, accused Nos.1 and 2, on 15.10.2023 at 6.15 p.m, on the side of Cherthala-Aroorkutty MLA road near to Pulichuvadu Toddy shop junction, the first accused wrongfully restrained the said Sudheesh and the second accused beat on the backside of his head using a stick. Due to the blow, when Sudheesh fell down to the road, the second accused beat on his neck and the first accused stamped on his chest. The accused also abused him in filthy language. On hearing the hue and cry, when the mother and wife of said Sudheesh rushed to the spot, the accused abused them also in filthy language. Moreover, when the mother of Sudheesh attempted to grab the stick held by the accused, the accused caught hold of her hand and twisted it. Thereafter, the brother of the defacto complainant and the brother of Sudheesh and their friends questioned the accused about the incident. Due to the said animosity, the accused, in furtherance of their common intention, trespassed into the sit-out of the house of the defacto complainant on the same day at 6.45 p.m. and hacked aiming at his head, who was sitting in a diwan cot in the sit out of the said house. When the defacto complainant blocked the said hack by using his left hand, the hack with the sword fell on his left ring finger, causing injuries including fracture. On seeing the same, when the mother and other inmates in the house of the defacto complainant intervened, the first accused assaulted them also. Hence, the accused are alleged to have committed the aforementioned offences.

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

Considering the fact that the petitioners were also injured, as seen from the medical records, Annexure A2 FIR was registered on the basis of the same incident as in the present FIR, where the petitioners are the accused. Under such circumstances, this application stands partly allowed. Pre-arrest bail plea at the instance of the 1st petitioner stands rejected as he has antecedents under Sections 323 and 324. Therefore, the following directions are issued as regards the first petitioner.

In the event the 1st 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 1st 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.

As regards the 2nd petitioner, I am inclined to grant anticipatory bail to the petitioners on the following conditions:-

(i) The 2nd petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court shall release the 2nd petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty-five thousand only) by the 2nd petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The 2nd petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs to do so.

(iv) The 2nd witnesses or petitioner shall not intimidate the interfere with the Investigation in any manner.

(v) The 2nd petitioner shall not be involved in any offence while on bail.

(vi) If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.