Thomas B vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

Petitioner is the 1st accused in Crime No.899 of 2022 of Vizhinjam Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 294(b), 452, 341 and 326 read with Section 34 of the Indian Penal Code.

The prosecution allegation is that on 20.08.2022 at 19.30 hours the accused committed house trespass by entering into the house of the defacto complainant, 2nd accused pushed the defacto complainant to the ground and hit on his face, causing fracture of the cheek bone and dislocation of a tooth on the lower jaw and thus the accused have committed the aforesaid offences.

Petitioner submits that he has been falsely implicated in the abovesaid crime. The defacto complainant and the petitioner are close friends and there was some dispute between them which resulted in an altercation. In the said altercation, petitioner also sustained injuries. Though he also filed a complaint, the police did not register a case and the police has falsely registered a crime against the petitioner incorporating non-bailable offences. Petitioner submits that the scuffle occurred due to a sudden provocation and that he has no other criminal antecedents. Even though the petitioner has approached this Court filing a bail application along with 2nd accused, this Court while granting bail to the 2nd accused rejected the bail application of the petitioner as per Annexure-A3 order directing him to surrender before the investigating officer and directing the investigating officer to produce the petitioner before the jurisdictional Magistrate on the very same day and with a further direction to the jurisdictional Magistrate to consider the bail application of the petitioner on the very same day. Petitioner has again filed this application for anticipatory bail. Learned counsel for the petitioner submits that the petitioner is ready and willing to surrender and co-operate with the investigation.

Learned Public Prosecutor opposed the application for bail mainly contending that the alleged weapon is to be recovered and therefore custodial interrogation of the petitioner is required. Learned Public Prosecutor upon instructions further submitted that the petitioners have no other criminal antecedents.

Considering the facts and circumstances of the case I find no reason to take a view different from one taken as per Annexure-A3. Then the petitioner seeks for some time to surrender before the investigating officer. Even though I am not inclined to grant anticipatory bail to the petitioner, I am inclined to grant time to surrender. Petitioner shall surrender before the investigating officer in Crime No.899 of 2022 of Vizhinjam Police Station, Thiruvananthapuram District on 20.02.2023 and co-operate with the investigation. In the event of arrest, he shall be produced before the jurisdictional Magistrate on the very same day. If an application for bail is filed with advance copy to the Public Prosecutor, the jurisdictional Magistrate may consider the bail application preferably on the very same day. The learned Magistrate may also take into consideration the fact that the petitioner has no other criminal antecedents while deciding the application for bail.

Bail application is dismissed.