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Judgment
K.Haripal, J
The sole accused in crime No.493/2018 of Vattiyoorkkavu police station is before Court seeking anticipatory bail under Section 438 of the Cr.P.C.
According to the learned counsel for the petitioner, the alleged incident had happened on 21.03.2018 for which the crime was registered on
24.03.2018. In fact, even going by the First Information Statement, only an offence under Section 324 of IPC is revealed, but Section 308 of IPC has
been incorporated to boost the gravity of the offence. According to the learned counsel, the defacto complainant is a distant relative of the petitioner;
the place of occurrence is in front of the house of the petitioner; the defacto complainant had reached there for attacking the petitioner and his wife.
Earlier the matter was settled and thereafter, the defacto complainant has gone back from settlement and again taken up the matter and now the
police is after him.
I heard the learned Public Prosecutor also.
This is a crime of the year 2018. It is not known as to why the culprit was not yet nabbed by the police. Whatever it may be, Annexure-1 FIR
indicates that the petitioner had used a chopper by which the defacto complainant was attacked and caused injury on his right palm. In the
circumstances, the recovery of the weapon of offence is an inevitable part of investigation. However, having regard to the delay and also taking into
account the fact that the defacto complainant is a relative of the petitioner, I think anticipatory bail can be granted to the petitioner on the basis of the
submission by the learned counsel for the petitioner that the petitioner shall surrender along with the weapon of offence used by him.
In the result, the petition is allowed and the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today along
with the weapon of offence and will make himself available for interrogation. If the Investigating Officer is satisfied about the weapon of offence, he
shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the
satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the
evidence and shall not involve in any crime during the period on bail.