Suresh vs State Of Kerala

K. Haripal, J

The third accused police station has moved Cr.P.C. in crime No.271/2021 of Paravur this Court under Section 438 of the

2. The allegation is that, the accused persons, in furtherance of their common intention, had wrongfully restrained and caused grievous hurt to the

defacto complainant and thus, offence under Sections 341, 294(b), 323, 324 and 326 read with Section 34 IPC is alleged against them.

3. I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

4. The learned counsel for the petitioner relying on Annexure 1, copy of F.I.R. submits that only two accused persons have been cited as offenders,

that if at all the defacto complainant had suffered any grievous hurt, that was inflicted by the first accused, the name of the petitioner has come into

the picture only on subsequent stage. According to him, the petitioner has no criminal antecedents.

5. On the other hand, the learned Public Prosecutor submits that apart from the first accused, the third accused, the petitioner, also had used

weapon in attacking the defacto complainant. He had used a wooden board against the defacto complainant, the defacto complainant had sustained

fracture on his nasal bone as well as fracture above his eyebrow. In other words, apart from the iron rod allegedly used by the first accused, the

petitioner had used weapon of offence, the nature of which can be ascertained only after arresting and recovering the weapon. In that sense, the

petitioner cannot be granted anticipatory bail. The application is dismissed.

At this stage, the learned counsel submits that the petitioner intends to surrender before the Investigating Officer. In the event of surrendering and

recording his arrest, proceedings against him shall be taken up with utmost expedition.