SREEJITH 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.165 of 2015 of the Kattakkada Police Station, registered under Sections 294(b), 341, 323, 324, 308 and 34 of the Indian Penal Code. They are the accused Nos.1 and 2 in the crime.

(2.) The prosecution case is that at about 9.30 pm on 07.12.2015, these petitioners and the co-accused assaulted the defacto complainant, and inflicted injuries on his body with a bunch of keys and with an iron rod, with the knowledge of consequence that the injuries may cause death. A perusal of the wound certificate in the name of the first informant shows that he had sustained only a lacerated wound 6x.5 cms on the left side of the back of head just above the ear, another lacerated wound 0.5x0.5 cms on the right side of the back of trunk, and an abrasion 1x0.5 cm on the right side of forehead. It is not known how the crime happened to be registered under Section 308 IPC. An instance of assault under Section 324 IPC is revealed prima facie from the prosecution records. The police report shows that the 4th accused stands now deleted. There is reason to believe that the injuries were inflicted by these two petitioners.

(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.