VIJO C.V Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for per-arrest bail filed by the petitioners/A1 and 2 in Crime no.1080/2021 of Valappad Police Station, Thrissur District alleging the commission of the offences punishable under Ss. 341, 323, 324 and 308 read with Sec. 34 IPC.

(2.) The prosecution case is that the accused- three in number, due to their enmity towards the informant, on 24/10/2021 wrongfully restrained him and voluntary caused injury to him by hitting him with a piece of granite stone and also beating him with a stick causing injuries to him. Hence, the accused are alleged to have committed the offences punishable under the above mentioned Ss. .

(3.) The application is opposed by the learned Public Prosecutor on the ground that the investigation is still at its initial stage. The first petitioner/A1 has criminal antecedents and several crimes have been registered against him. It is also submitted that in case the petitioners/A1 and A2 are released on bail, there is every possibility that petitioners/A1 and A2 would cause breach of peace in the locality and there is also the possibility of the petitioners interfering with the course of investigation.