UNNIKRISHNAN.P.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein seek 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.690/2016 of the Peringome Police Station, registered under Sections 323, 324 and 308 IPC read with 34 IPC. They are the four accused in the crime.

(2.) On a perusal of the materials including the wound certificate, I find that this is only a simple case of assault, and that the allegation under Section 308 IPC does not have any basis. The complainant had sustained only some abrasion and swelling on the left forearm. It is not known how such injuries will attract Section 308 IPC. It is submitted that there is a counter case wherein one of the petitioners is the complainant, and the defacto complainant herein is the accused.

(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 petitioners is absolutely necessary as part of investigation, and that if the accused are now released, they will definitely obstruct the proper and effective investigation.