JITHU KRISHNA Vs. STATE

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.1500 of 2016 of the Enathu Police Station, registered under Sections 143, 147, 148, 341, 324, 326, 307, 452 and 427 read with Section 149 of the Indian Penal Code. They are the accused Nos.5 to 7 in the crime.

(2.) On a perusal of the complaint in this case, I find that the complainant is not definite regarding the identity of the persons who assaulted him. It appears that he was actually assaulted by four persons, and injuries were also inflicted by those four persons. It must the accused Nos.1 to 4 who are now on regular bail. The complaint does not contain any clue to identify the others. It is known whether the police has identified the accused No.8 onwards. Ofcourse, it is true that this is a case of grievous hurt. But the complicity of these petitioners in the alleged incident is to an extent doubtful, in view of the fact that the complainant himself is not certain regarding the identity of the identifiable persons.

(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.