SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail.

(2.) The petitioners are the accused in Crime No. 53/2021 of Vandiperiyar Police Station, Idukki District, which was initially registered under Ss. 143, 147, 148, 294(b), 323, 324, 326, 447, 506(ii) r/w. 149 of the Indian Penal Code. Later, the offences under Ss. 143, 147, 148 and 149 were deleted and Sec. 326 and 506(ii) of the Indian Penal Code were added. The provisions of Ss. 143, 147, 148 and 149 were deleted as the number of accused is now limited to the four accused in the present bail application.

(3.) The learned counsel for the petitioners submits that the petitioners were initially accused only of bailable offences and accordingly they appeared and were interrogated and recovery was effected and thereafter, they were released on bail. It is submitted that the non-bailable offence namely that under Sec. 326 of the Indian Penal Code was subsequently incorporated. It is submitted that since interrogation is over and recovery has already been effected, the custody of the petitioners is not required for the purposes of any investigation.