SAJIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicants are accused 1 and 2 in Crime No.114/2020 of Paravoor Police Station for having allegedly committed the offences punishable under Sections 341, 450, 323, 324, 326 and 307 read with Section 34 of the I.P.C.

(3.) The prosecution case, in brief, is that on 19.02.2020 at about 9.30 PM, the applicants and the 3rd accused reached the house of the de facto complainant and that after they all consumed alcohol, an altercation ensued, followed by a scuffle between the deceased and the accused persons. The accused persons allegedly hit him with a beer bottle as a result of which he sustained some injuries and a crime for attempted murder was registered and the applicants were arrested on 22.02.2020 and remanded to judicial custody. Thereafter, this Court had by way of order in B.A.No.1934/2020 granted regular bail to the applicants on 01.04.2020 considering the pandemic situation. Subsequently, the injured died on 10.04.2020 and an offence punishable under Section 302 of the I.P.C. was also incorporated for the reason that he had succumbed to the injuries that he had sustained in the assault. The investigating officer has reason to believe that the death was caused due to the injuries sustained by the assault that occurred on 19.02.2020. There is no doubt that when a person is released on bail and subsequently a graver offence is incorporated, the investigating officer has reasons to arrest the applicants again even though they were released on bail earlier for a lesser offence. Exercising that jurisdiction, the investigating officer intends to arrest the applicants. Apprehending arrest, the applicants approach this Court for anticipatory bail.