SHAMEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the first accused involved in crime No.1281/2017 of Varkala Police Station, Thiruvananthapuram District, seeking pre-arrest bail.

(2.) As per the prosecution case, the petitioner along with the cleaner of the bus while waiting in the bus at about 12.00 noon on 12.07.2017, after returning from Ayanthi, dropping a marriage party there, four persons reached there in two bikes. They stopped the bikes in front of the bus. One among the persons abused the de facto complainant and struck on his left leg with a beer bottle. He fell down and at that time, one Shameer struck him with an iron pipe on his head. When he resisted the attack, it struck on his head, but avoided a grievous injury there. The other persons kicked and bet the de facto complainant. Raising the allegations, the FIS was lodged before the Varkala Police and accordingly the crime in question was registered. The petitioner herein is the first accused. On his apprehension of being arrested in the aforesaid crime, he has moved this application seeking pre-arrest bail.

(3.) Sri.N.Sunil Joseph, the learned counsel advanced arguments on behalf of the petitioner. According to him, the petitioner was arrayed as the first accused and as per the prosecution, he has aimed a blow at the head of the de facto complainant with an iron rod, which due to his evasion hit near his ear and caused an injury on the scalp. According to him, the injury sustained by the de facto complainant is not a grievous one and therefore, the offence under Section 308 will not be attracted against the petitioner. It is also submitted by him that in the very same incident, the petitioner herein had also sustained injuries and was taken to Taluk Head Quarters Hospital, Chirayinkeezhu. The learned counsel urged to take this factum also into account while considering this application seeking anticipatory bail.