SATHEESHKUMAR P.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. filed by the petitioner/accused seeking pre-arrest bail in Crime no.1077/2021 of Erumapetty Police Station alleging the commission of the offences punishable under Sections 341, 323, 324, 506(ii), 294(b) and 308 IPC and Sec. 4(2)(j) of Kerala Epidemic Diseases Ordinance, 2021.

(2.) The prosecution case is that the petitioner/accused was in quarantine as he had tested Covid positive. The informant, who is a Panchayath Member, went to the house of the accused on 01/09/2021 at 10.00 a.m. for providing him with medicines. The accused, due to his enmity towards the informant, on account of some delay in providing medicines to him, wrongfully restrained the informant, abused him by calling him obscene words, brandished a sword resulting in injuries on the neck of the informant. The accused also threatened the informant with dire circumstances. Hence, the accused is alleged to have committed the offences punishable under the above mentioned Sections.

(3.) The application is opposed by the learned Public Prosecutor on the ground that the offences alleged are serious; that the investigation is at its initial stage and that the petitioner/accused if released on bail, there is every possibility of the petitioner/accused threatening the witnesses in this case and thereby tampering with the evidence of this case.