Vijil Vijay vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ( “Code†for

short) by the accused in Crime No.97 of 2021 of the Kottiyam Police Station registered for the offences punishable under Sections 143, 144, 147, 148,

294(b), 427, 354, 324, 326 and 506 read with Section 149 of the IPC .

The prosecution allegation is that on 21.02.2021 at about 11.00 p.m., the applicants herein formed themselves into an unlawful assembly and in

prosecution of their common object pelted stones at her house causing damages. When the defacto complainant intervened she was attacked and

injuries were inflicted. Seeing the incident, the husband and son of the informant came to the scene. They were also allegedly attacked by the

petitioners causing injuries. It is further alleged that due to the mischief committed by the applicants herein a loss to the tune of Rs.25,000/- was

caused to the informant.

The learned counsel appearing for the applicants submits that there are civil disputes between the parties. He would highlight the fact that the

applicants herein are young men with no criminal antecedents.

The learned Public Prosecutor has very strenuously opposed the prayer. It is submitted that a nasal bone fracture was sustained to the lady. It is

also submitted that the investigation is in the early stages.

I have carefully considered the submissions advanced and have carefully evaluated the materials. While considering the prayer for grant of

anticipatory bail, this Court has to strike a balance and it has to be ensured that no prejudice should be caused to the free, fair and full investigation .

At the same time harassment, humiliation and unjustified detention of the accused will also have to be avoided. The wound certificates prima facie

show that serious injuries were sustained by the victims at the hands of the accused. The records reveal that the investigation is still in the early

stages. By no stretch of imagination can it be said that the allegations against the applicants are frivolous or that they have been falsely implicated. As

of now, the claim of the learned counsel for the applicants that the allegations against the applicants are of vague nature cannot be countenanced. A

probe into the veracity of the allegations at this point of time is not warranted. Suffice to say, considering the nature of the allegations, the role

assigned to the applicants and the severity of the injuries inflicted, and the stage of investigation, I find no reason to arm the petitioners with an order

of pre-arrest bail.

At this stage Sri. M. Rajesh, the learned counsel, submits that the applicants are ready to cooperate with the investigation. I direct the applicants to

surrender before the Investigating officer within ten days from today. After interrogation, they shall be produced before the Court having jurisdiction.

If an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously on its merits .

This application is dismissed.