VARGHESE JOHN @ SABU Vs. THE 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.640/2016 of the Keezhvaypur Police Station, registered under Sections 294(b), 326 and 308 of the Indian Penal Code.

(2.) The prosecution case is that at about 3 pm on 30.4.2016 these petitioners assaulted the defacto complainant and his father Idikkula, and inflicted simple and grievous injuries on their body with the knowledge of consequence that such 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 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.