AJI DANIEL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused (A1 to A2) in Crime No.686 of 2013 of Sasthamkotta Police station registered for offences punishable under Sections 452,324,308, 294(b),506(2) read with Section 34 of the Indian Penal Code. They have filed the above petition for pre-arrest bail under Section 438 of the Code of Criminal Procedure (for short 'the Code').

(2.) Petitioners are brothers in law of the defacto complainant. All three of them pursuant to a common intention to cause grievous hurt to defacto complainant committed criminal tresspass upon his building and assaulted him with one among them striking him several times with an iron rod, is the gist of accusation.

(3.) Learned counsel for petitioner adverting to Annexure A3 order, wound certificate of defacto complainant, and other circumstances surrounding the case submitted that the grave allegations imputed against petitioners to proceed against them for the offences under Section 324 and 308 of the Indian Penal Code are not true to facts. An altercation took place between the defacto complainant and petitioners is the submission of counsel. Petitioners are prepared to abide by any of the condition imposed by this court is the submission of counsel to urge for granting them the discretionary relief highlighting that delay in filing the complaint after the alleged occurrence has decisive merit in examining their entitlement for such relief. Opposing the application learned Public Prosecutor submitted that materials gathered by the Investigating agency disclose complicity of petitioners in the offences imputed and their arrest and custodial interrogation is essential for a fair investigation.