GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the first accused in Crime No.229 of 2016 of the Thrithala Police Station, registered under Sections. 341, and 307 read with Section34 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate, Pattambi on 20.4.2016. The petitioner has been in judicial custody since the date of arrest.

(2.) The prosecution case is that at about 3.15 p.m on 16.4.2016, the petitioner and his son assaulted the de facto complainant and inflicted injuries on his body in an attempt on his life. It is submitted that the second accused is yet to be arrested. He is none other than the son of the petitioner. The F.I.R shows that the victim was caught hold of by the son of the petitioner, and injuries were inflicted by the petitioner himself with a deadly weapon.

(3.) This application for regular bail is opposed by the B.A No.3241 of 2016 learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, it will definitely obstruct the investigation.