Sunny Lukose vs State Of Kerala

Mohammed Nias C.P., J.

Apprehending arrest in Crime No..293/2023 of Udumbanchola Police Station, Idukki District, registered for offences punishable under Section 307 r/w 34 of the IPC, the petitioners/accused Nos.1 and 2 have filed this petition seeking pre-arrest bail.

The prosecution case is that on 10.07.2023 at 8.30 a.m., the petitioners, with an intention to kill the father of the defacto complainant beat the whole body of the father of defacto complainant with an iron rod and inflicted cut injuries on his left leg and right hand in a pathway leading to the property of the father of the defacto complainant at Idukkar bhagam, Vattappara kara, Chathurangapara village and thereby committed the above offence.

Learned senior counsel Sri. Vijayabhanu, appearing for the petitioners, submits that the dispute is between the brothers over an item of property and that earlier, the accused herein were attacked by the defacto complainant, and the defacto complainant was granted anticipatory bail by this Court, as is evident from Annexure A3, wherein it was noticed that the matter was settled. However, there were disputes that arose even after that, and the prosecution alleges that as a retaliatory measure, the present attack was made in which the defacto complainant was injured.

Learned Public Prosecutor submits that serious injuries, including a fracture, have been caused to the defacto complainant; the treatment certificate and the photograph of the wound would show the same. The learned Prosecutor also points out that bail should not be granted because of the serious injuries caused and the chance of derailing the investigation.

Learned counsel for the defacto complainant, Sri. Latheesh Sebastian opposes the bail application submitted that this was a retaliatory attack in which the defacto complainant was seriously injured, as is evident from the treatment records.

Having considered the rival submission and considering the seriousness of the injury caused, the fact that it was a retaliatory attack after the petitioner herein was earlier attacked by the defacto complainant, I am not inclined to grant anticipatory bail as it might hamper a proper investigation. Accordingly, the anticipatory bail application is rejected, and the following directions are issued:-In the event the petitioners surrender before the Investigating Officer within two weeks, 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 applications on merit 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.