Varghese vs State Of Kerala

K.Haripal, J

Petitioner is the first accused in Crime No.412/2021 of Alappuzha North Police Station, which was registered alleging offence punishable under

Sections 326 and 506 read with 34 of the IPC.

It is alleged that on 27.06.2021 at 04:00 p.m, alleging that the defacto complainant had caused damage to the pitch where the petitioner and others

were playing cricket, he was summoned to the place by the petitioner and beaten the defacto complainant with a cricket stump and caused him serious

injuries.

The learned counsel for the petitioner submits that the crime was registered only on 28.06.2021, that there is a delay of one day in launching the

crime, that the defacto complainant has not suffered any such grievous injury for attracting Section 326 of the IPC.

The learned Public Prosecutor submitted that, in the attack allegedly made by the petitioner on the head of the defacto complainant, he has suffered

a fracture injury on the frontal bone. However, it has been stated that the weapon of offence could be recovered from the place of occurrence, which

has already been seized under a mahazar. In such a case, custodial interrogation would become necessary only for the purpose of recovering the

weapon of offence. Here the weapon of offence has already been recovered. The petitioner does not have any criminal antecedents also.

In the circumstances, at this stage, his detention in custody cannot be insisted upon. He is at liberty to surrender before the Investigating Officer within

ten days from today and make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/-

(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall not enter

Alappuzha North Police Station limits till the final report is laid; he shall co-operate with the investigation, shall not try to contact or influence the

witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

Bail application is allowed as above.