VINIL V B, 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 Petitioners herein, who are the accused in Crime No. 115/2021 of Kenichira Police Station, Wayanad, registered, inter alia, under Sections 341, 323 and r/w 34 of IPC. In the course of investigation, section 354 of the IPC was added.

(2.) The allegation is that on 11.3.2021 at about 9.30 p.m., the petitioners herein attacked the de facto complainant and his mother.

(3.) Learned counsel appearing for the petitioners submitted that the petitioners are innocent of all allegations. It is submitted that the FI statement was furnished only on 14.3.2021 in respect of an incident which took place on 11.3.2021. At that stage, non bailable offenses were not incorporated. Much later, on 18.3.2021, an additional report was submitted before court incorporating Section 354 of the IPC. He would further contend no such incident as alleged had taken place.