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Judgment
10 paragraphs · 491 words@Judgmenttag-Judgment
Gopinath P, J
This is an application for anticipatory bail.
Petitioner is the accused in Crime No. 1934/2021 of Changanasserry police station, alleging commission of offences under Sections 451, 323, 294(b), 354, 324, 326 and 506(i) r/w. Section 34 of the Indian Penal Code.
The allegation against the petitioner and others is that they attacked the son of the de facto complainant for the reason that he was staring at the place where the petitioner along with others were consuming liquor . When the de facto complainant came out of the house, trying to prevent the attack on her son, the petitioner and others attacked the de facto complainant and also two other persons, who had come there in order to prevent the fight from ensuing. It is alleged that serious injuries were caused to one Abhish, as a result of which offence under Section 326 of the Indian Penal Code was also alleged.
Learned counsel appearing for the petitioner submits that the petitioner had gone there for the purpose of preventing the issue and was not really involved in the incident at all. It is submitted that the aforesaid Abhish has filed an affidavit before this Court showing that the petitioner was not the person who attacked. It is submitted that petitioner is absolutely innocent in the matter and his custodial interrogation is not necessary for the purpose of investigation into the matter.
Learned Public Prosecutor, on instructions, submits that the petitioner is the accused at least in 13 other cases and proceedings under the Kerala Anti-Social Activities (Prevention)Act, 2007 (KAAPA) had been initiated against the petitioner. It is submitted that for violation of the order under the KAAPA Act, yet another crime has also been registered against the petitioner. It is submitted that custodial interrogation of the petitioner is absolutely necessary for proper investigation into the matter.
Having regard to the facts and circumstances of the case, I am of the view that anticipatory bail cannot be granted to the petitioner. Learned counsel appearing for the petitioner, at this stage, suggests that the petitioner may be permitted to surrender before the investigating officer in Crime No.1934/2021 and further, that there may be a direction that the petitioner shall be produced on the same day before the jurisdictional Magistrate, from where he may seek bail.
Having regard to the facts and circumstances of the case and taking into account the submission of the learned counsel appearing for the petitioner, it is directed that if the petitioner surrenders before the investigating officer in Crime No.1934/2021 of Changanacherry police station on 06.12.2021, the petitioner shall be produced before the jurisdictional Magistrate on the same day and if any bail application is filed by the petitioner, the learned magistrate shall endeavour to consider and pass orders on the said bail application on the date of surrender itself.
With this observation, the bail application stands dismissed.