AKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks pre -arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 135 of 2016 of the Narakal Police Station, Ernakulam, registered under Sections 324, 308, 427, 149, 143, 147, 148, 341 and 323 read with Section 34 of the Indian Penal Code. The petitioner is the fifth accused in the above crime.

(2.) The prosecution case is that a gang of persons including the petitioner herein assaulted the defacto complainant on 26.1.2016 at about 5.15 p.m., and inflicted injuries on his body with weapons, with the knowledge of consequence that the injuries may cause death.

(3.) This application for pre -arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.