Umesh Naik vs State Of Kerala

Mohammed Nias C.P, J

Apprehending arrest in Crime No.775/2023 of Badiadukka police station, Kasargode, registered for offences under Sections 143, 147, 148, 447, 341, 323, 324, 308, 294(b) and 506 r/w Section 149 of the Indian Penal Code, the accused has filed this petition.

The prosecution allegation is that, on 04.09.2023 at about 6.30 p.m., the defacto complainant was attacked by the petitioners from 'Megha Industries' running by the brother of the defacto complainant and A1 and A2 beaten with an iron rod on the head of the defacto complainant and remaining accused persons beaten and kicked him. If the defacto complainant had not blocked the attack of A1, it would have caused the death. In the incident, he sustained serious injuries. and thereby committing the above-said offences.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

On hearing the learned counsel on either side and considering the allegations against the petitioner and the injuries allegedly inflicted as reflected in the wound certificate, I am not inclined to grant anticipatory bail to the petitioner.

Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating Officer in ten weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves 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 petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case. The bail application is disposed of as above.