MUHAMMAD ASHAR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This application is moved by the petitioner seeking The petitioner is the 5th accused in pre-arrest bail. Crime No.327 of 2018 of Kilikolloor Police Station, Kollam District. The said crime was registered by the Police alleging commission of the offences punishable under Sections 143, 147, 148, 323, 324, 341 and 307 read with Section 149 IPC.

(2.) The allegation against the petitioner and other accused was that on 10.05.2018 at about 06.30 p.m., they formed themselves into an unlawful assembly and in furtherance of the common object formed in the assembly proceeded towards the de facto complainant and others armed with deadly weapons; the 1st accused using a dagger in his possession stabbed him and inflicted serious injuries on the body of the de facto complainant. The allegations against the other accused were that they restrained the de facto complainant and thereby aided in 1st the commission of the offence by the accused. Raising allegations as above, FIS was lodged and got the crime in question registered. The petitioner apprehends arrest in the said crime and moved this application, seeking pre-arrest bail.

(3.) Shri.M.Kiranlal, the learned counsel for the petitioner has submitted that the allegations against the petitioner are not of much seriousness. According to him, even though an offence punishable under Section 307 IPC is incorporated into the crime, the allegations are insufficient to attract the same. According to him, the petitioner had gone to the place only to participate in a football match and was actually not involved in the alleged crime. According to him, if at all the alleged involvement is taken as correct, custodial interrogation would not serve any purpose. Accordingly he pleaded for enlarging the petitioner on pre-arrest bail.