PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in B.A. No. 1151 of 2012 is the first accused and petitioners in B.A. No. 1146 of 2012 are accused 2 and 4 in Crime No. 16 of 2012 of Nenmara Police Station registered for the offences under Section 341, 452 and 307 read with 34 of IPC. Subsequently, the case is being investigated incorporating the offences under Section 120B also. Apprehending arrest, petitions are filed under Section 438 of Code of Criminal Procedure for anticipatory bail.

(2.) Learned counsel appearing for the petitioners and learned Public Prosecutor were heard.

(3.) The argument of the Learned Counsel appearing for the petitioners is that the very case of the prosecution cannot be believed and when the version in the F.I. Statement of the injured is that while he was in the hospital, the first accused, along with third accused and one Vinod came to the hospital and when first accused uttered that the injured is to be killed, Vinod, using a sword, attacked the injured and inflicted injuries and thereby committed the offences. Subsequently, Vinod was deleted and instead, the petitioners in B.A.1146 of 2012 were implicated based on a subsequent statement recorded and if the incident is as stated in the F.I. Statement, accused 2 and 4 are not involved in the case and they were falsely implicated because of political reasons and petitioners are prepared to abide by any condition and they be released on bail.