ANAS P.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 4th accused in Crime No.1318 of 2016 of the Perumbavoor Police Station. He seeks pre -arrest bail on the apprehension of arrest. The said crime was registered initially under Sections 143, 144, 147, 148, 323, 506 (ii) and 307 read with Section 149 of the Indian Penal Code. Later 307 I.P.C was deleted by the police and Section 27 of the Arms Act was incorporated. The other offences except the one under the Arms Act are bailable. It is submitted that the sword alleged to have been used by the accused in the alleged incident is yet to be recovered. The complaint shows that the said sword was used by the petitioner herein. The alleged incident happened on 2.12.2015. But the de facto complainant made complaint before the learned Magistrate on 16.3.2016, and got it forwarded to the police for investigation under Section 153 Cr.P.C. It is not known what is the reason for the said delay. It is also not known B.A No.3325 of 2016 how the crime initially happened to be registered under Section 307 I.P.C. The wound certificate in the name of the complainant shows that he had sustained only a very simple injury in the alleged incident. Anyway, in the particular facts and circumstances, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for interrogation. After necessary interrogation, the question of bail can be considered by the learned Magistrate having jurisdiction. All the offences are triable by the learned Magistrate having jurisdiction. Hence the petition is disposed of as follows: