ANU A.T. Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER is the 4th accused in Crime No. 640 of 2014 of the Kundara Police Station for the offences punishable under Sections 143, 147, 294(b), 323, 324 and 326 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed the application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that on 16.03.2014 at about 03.30 p.m., while the de facto complainant was standing near a petrol pump, the first accused went there and took him to the place where other accused were taking liquor. The first accused offered a drink to the de facto complainant which he accepted. That annoyed other accused. The petitioner and other accused assaulted and pushed down the de facto complainant in a pit. The de facto complainant suffered fracture of C6 vertebra.

(3.) THOUGH Section 326 of the Penal Code is also incorporated, it appears that no weapon is used. In the circumstances of the case I am inclined to think that custodial interrogation of the petitioner is not required. Petitioner is also not reported to be involved in any other case. Hence I am inclined to grant relief but protecting interest of the de facto complainant also and subject to conditions.