Shanu and Aneesh @ Haneef vs State of Kerala

P. Bhavadasan, J.—Petitioners are accused Nos. 1 and 2 in Crime No. 333 of 2013 of Valiathura Police Station who are alleged to have committed the offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 324 and 326 of IPC and Section 27 of Arms Act. The incident which gave rise to the crime is said to have occurred on 15.03.2013 at 23 hours when the son of the defacto complainant was attacked by petitioners and others causing severe injuries to him.

The petitioners would say that they are totally innocent and have been falsely implicated with ulterior motive. According to them, their father was attacked in the incident as could be seen from Annexure B. In order to escape from the consequence there of, this case has been falsely foisted on them. Claiming that they have not done any act which constitute an offence, they seek pre-arrest bail.

The learned Public Prosecutor on instructions submits that apart from the Sections made mention of in the petition, Section 307 has also been subsequently added taking note of the act committed by the petitioners. The learned Public Prosecutor pointed out that the acts committed by the petitioners are of serious nature and the investigation is at an infant stage.

After having heard the learned counsel for the petitioners and the learned Public Prosecutor and having perused the records, the claim of the petitioners that they are innocent cannot be countenanced. Their claim that, as a retaliatory measure, the present crime has been registered on the basis that their father was attacked, cannot be easily digested. The petitioners are alleged to have used dangerous weapons and caused serious injuries to the victim. Considering the nature of allegation against the petitioners, the manner in which the offence was committed, the weapons used, the injuries caused etc., and also the fact that the investigation is at an infant stage preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioners.

The petition is accordingly dismissed.

However, if so advised, petitioners may surrender before the Investigating Officer on or before 08.07.2013, who after interrogation, shall produce them before the JFCM Court concerned. If the petitioners move an application for bail before the said court, the learned Magistrate shall consider and pass appropriate orders thereon in accordance with law, preferably on the date of surrender itself.