Abdul Salam vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the sole accused in crime No.284 of 2024 of Perinthalmanna Police Station, Malappuram registered under Sections 326, 341, 323, 324 and 506 of IPC.

The prosecution allegation is that on 27.08.2023 at 08.00 a.m., the petitioner, who is the brother of the defacto complainant, inflicted blows on her head and face with a fire wood log, and thereby she sustained severe head injury.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application stating that the wound certificate will show that serious head injury was sustained by the defacto complainant. Investigation is only at the initial stage. So if he is granted anticipatory bail, there is every chance for him to intimidate the defacto complainant and witnesses.

Copy of wound certificate made available by learned Public Prosecutor would show that the following injuries were sustained by the defacto complainant at the hands of the petitioner:

“Lacerated wound of size 10cmx 3cmx1cm over scalp, extending from frontal to occipital area, skull was visible through the lacerated wound, with minor abrasion over skull. Suturing was done under local anaesthesia (severe bleeding was noted from the wound with significant blood loss), 13 nos of suturing with 3-0 ethylone was done. Patient complaints of headache”

The investigation is only at the initial stage as reported by the learned Public Prosecutor. So if the petitioner is granted anticipatory bail, it will be a threat to the life of the defacto complainant, and there is every chance for him to tamper with the investigation. So this Court is not inclined to allow this petition.

Learned counsel for the petitioner would submit that the petitioner is ready to surrender before the Investigating Officer and to co-operate with the investigation.

In view of the said submission, petitioner is directed to surrender before the Investigating Officer on or before 26.03.2024 at 10.00 a.m., and subject himself for interrogation. The petitioner shall be interrogated to collect all materials and evidence relevant for the purpose of investigation, including recovery. In the event of arrest he shall be produced before the jurisdictional Magistrate court on the date of arrest itself.

With these directions, this bail application is disposed of.