Vijeesh. V vs State Of Kerala

This petition is filed under Section 438 of the Code of Criminal Procedure.

The petitioner herein is the accused in Crime No.1133 of 2018 of Pudunagaram Police Station, registered under Sections 143, 147, 148, 341, 324, 326 and 308 r/w Sec. 149 of the IPC.

The prosecution allegation is that the brother of the de facto complainant entered into a fracas with a rival group. This was in the course of a feast held at the Kottamala temple. To settle the score, the victim was called over phone and was requested to come for a mediation talk. On his arrival, he is alleged to have been brutally attacked with deadly weapons causing extensive injuries.

The learned counsel appearing for the petitioner vehemently submitted that the petitioner was not even present at the scene of crime. This is a clear case of the wrong person being arrayed as an accused, according to the learned counsel. All the other accused, except the petitioner, have been arrested and in that view of the matter the custodial interrogation of the petitioner is uncalled for.

The learned Public Prosecutor has very strenously opposed the prayer. It is submitted that the petitioner had a pivotal role to play and he was armed with a sword with which he had inflicted injuries on the de facto complainant. The severity of the injuries sustained by the victim is also highlighted by the learned Public Prosecutor.

Having regard to the nature and gravity of the allegations, the role attributed to the petitioner, the materials in support thereof and attendant facts, I am not inclined to exercise the discretionary powers vested on this Court and grant an order of anticipatory bail to the petitioner.

The learned counsel appearing for the petitioner prays that they be permitted to surrender and directions be issued to consider his application for bail. I find no reason to issue any specific directions as prayed for particularly in a petition under section 438 of the Cr.P.C. It is for the petitioner to surrender before the investigating officer or the Court having jurisdiction expeditiously. There is no reason for the petitioner to apprehend that the application for bail filed by him will not be considered expeditiously and on its merits. This petition will stand dismissed.