ANSAR M.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ('‘Code' for short) by the 3rd accused in Crime No.606 of 2019 of the Chevayur Police Station registered under Sections 326, 307 r/w 120B of the IPC.

(2.) On 12.10.2019, the taxi auto rickshaw owned by a certain Shaji, the injured in the instant crime, was taken on hire by an individual. When the autorickshaw reached Thayyil Thazham, two persons who were following the autorickshaw on a bike, intercepted the vehicle and attacked the driver with swords causing injuries. The passenger is also alleged to have attacked the driver with a knuckle duster. The injured person was taken to the hospital by a passerby. Initially no one was aware of the identity of the accused and hence exact details of the assailants were not furnished. Only two persons were arrayed as accused in the FIR. In the Course of investigation it was revealed that the petitioner was the person who had hired the autorickshaw. A report was submitted arraying the petitioner as the third accused.

(3.) Sri. E.A. Haris, the learned counsel appearing for the petitioner submitted that the petitioner had earlier approached the Court of Session and by order dated 07.08.2020, he was granted an order of pre arrest bail. The said order was set aside by this Court by Annexure-1 order in Crl.M.C.No.4051 of 2020. The petitioner thereafter approached the Court of Session and filed another application seeking pre arrest bail and the same was dismissed by Annexure-2 order. The petitioner would contend that in the earlier records there was no mention about the presence of the petitioner or the fact that the petitioner herein was armed with a weapon. The only allegation was that accused nos.1 and 2 were armed with weapons and had attacked the victim causing injuries. He would then submit that the crime was registered in the year 2019 and the accused nos.1, 2, 4 and 5 have already surrendered and they were later released on bail. According to the learned counsel the victim has modified his statement and it is in the said circumstances that now serious accusations are levelled against the petitioner herein.