P.S.SELINA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein have been arrayed as accused Nos.2 to 5 among the five accused in the instant Crime No.2126/2019 of Chengannur Police Station, registered for offences punishable under Secs.341, 323, 324, 326, 427 and 34 of the Indian Penal Code . The said crime has been lodged on the basis of the First Information Statement given by the de facto complainant 12.08.2019 at about 3.20 p.m., in respect of the alleged incident which happened on 07.08.2019 at about 5.30 p.m. Accused No.1 in this case against whom the main overt acts of having used iron rod which was said to have resulted in the fracture sustained by the de facto complainant, has already been arrested, remanded and later let out on regular bail. The petitioners in this case are accused Nos.2 to 5 seek the grant of pre-arrest bail in relation to their involvement in the instant crime.

(2.) The prosecution case in short as revealed from the FI Statement of the lady de facto complainant is that earlier there was an incident by which he was arrayed as accused in Crime No.2092/2019 of Chengannur Police Station, for the offence as per Sec.308 of the IPC , in relation to the incident whereby his car is said to have driven over the leg of A-1 and that the de facto complainant had gone to the house of A-1 for negotiations in relation to the said case and that thereupon, A-2 had called upon the others in the house not to spare the de facto complainant and that thereupon, A-1 had assaulted the de facto complainant by hitting on an iron rod, which resulted in fracture of his left finger and other accused persons have attacked with a wooden log, etc.

(3.) The learned counsel for the petitioners would point out that the abovesaid incident is said to have happened as early as on 07.08.2019 at about 5.30 p.m. and the FI Statement in the crime has been lodged as late as on 12.08.2019 at about 3.20 p.m. and the long delay in this regard has not been explained, which would fatally vitiate the impugned criminal proceedings.