MITHUN Vs. STATE OF KERALA

JUDGEMENT

(1.) HIGHLIGHTING the fact that the name of the petitioner does not appear in the wound certificate, it is contended on behalf of the petitioner that he was wrongly arrayed as 5th accused in Crime No. 1548/2012 of Eravipuram Police Station in Kollam District and also that the petitioner has been falsely implicated in the case. The petitioner along with others stands accused of having committed offences punishable under Sections 143, 147, 148, 323, 324, 308 read with 149 of IPC and are alleged to have inflicted injuries to the victim. The FIR prepared soon after the incident contains the name of the petitioner and therefore there is no relevance for the contention of the petitioner that his name does not appear in the wound certificate.

(2.) CONSIDERING the nature of acts said to have committed by the petitioner, the manner in which injuries are inflicted on the victim and the fact that investigation is at an infant stage preclude this Court from exercising extraordinary jurisdiction in favour of the petitioner. The petition is without merits and is accordingly dismissed. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 15.11.2012, who after interrogation shall produce him before the JFCM court concerned, which court on an application for bail being moved by the petitioner may dispose it of in accordance with law, if possible on the very same day itself.