ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in Crime No.248/2014 of Pothencode Police Station of Thiruvananthapuram District to issue certain directions to the court below under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is the accused in Crime No.248/2014 of Pothencode Police Station registered on the basis of the statement given by the de facto complainant alleging commission of offences under Sections 294(b), 341, 324 and 326 of Indian Penal Code. The petitioner has not committed any offence and in fact, the de facto complainant and his father were the real aggressors and they criminally trespassed into the shop of the petitioner and attacked him and in that event, they sustained some injuries as well. However, the application for anticipatory bail filed by the petitioner was dismissed by the Sessions Court. Though he is prepared to surrender before the investigating officer and co -operate with the investigation or surrender before the court, he apprehends that his bail application will not be considered on the date of filing and he will be remanded to custody as non -bailable offences were incorporated in the case. So, he has no other option except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that his only apprehension is that, though he is prepared to surrender before the court, his bail application will not be considered and he will be remanded to custody and without direction from this court, no orders will be passed by the court below regarding the bail application.