Shinto Sebastian vs State Of Kerala

Gopinath P, J

The petitioners are the accused in Crime No.155/2021 of Kanjikuzhi Police Station, Idukki District alleging commission of offences under Sections 143, 147, 450, 341, 294(b), 323, 324, 326 & 427 r/w. Section 149 of the Indian Penal Code.

The allegation against the petitioners is that they attacked the de facto complainant and caused injuries on him including a fracture of his shoulder. The de facto complainant is married to the sister of the 1st petitioner. The other petitioners are close relatives of the 1st petitioner and the wife of the de facto complainant.

The learned counsel for the petitioners submits that the de facto complainant and his wife are living separately due to strained marital relationship. It is submitted that, according to the allegations against the petitioners, the de facto complainant had gone to his wife's house with a gift for her on the eve of their wedding anniversary and on his wife refusing the gift, there ensued a quarrel between the de facto complainant and his wife. It is submitted that the de facto complainant had actually attacked his wife which led to registration of Crime No.156/2021 of Kanjikuzhi Police Station and the present crime was registered only as a counterblast.

The learned Public Prosecutor on instructions would submit that Crime No.156/2021 was registered after the present crime was registered. It is submitted that the 1st accused in the case who, is none other than the brother of the father-in-law of the de facto complainant, was apprehended and released on bail. It is submitted that after release on bail, the said 1st accused is not co-operating with the investigation in any manner. It is also submitted that the petitioners along with others had reached the house of the de facto complainant in a jeep belonging to the 4th accused. Recovery is yet to be effected. It is also submitted that there are some unidentified accused and their identity can be ascertained only after thorough questioning of the petitioners herein. It is also submitted that there were severe injuries caused to the de facto complainant as can be seen from the Accident Register-cum-Wound Certificate issue by the Taluk Hospital, Adimali.

Having regard to the facts and circumstances of the case and considering the fact that the recovery is yet to be effected and also considering the fact that the identification of other accused is to be made and also taking note of the submission of the learned Public Prosecutor that the 1st accused has not co-operated with the investigation after release on bail, I am not inclined to grant anticipatory bail to the petitioners. The Bail Application fails and it is accordingly dismissed.