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Judgment
Shircy V, J
Application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.
The petitioner is the 1st accused in Crime No.574 of 2019 of Kunnamkulam Police Station registered for the offences punishable under Sections
324, 326, 308 read with Section 34 of the Indian Penal Code.
The prosecution allegation is that at about 6.15 p.m on 19.5.2019, the petitioner along with the other accused attacked the defacto complainant and
his friends by driving a motor car towards them and thereby caused bodily injury to the defacto complainant. Thus they have committed the aforesaid
offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
It is submitted by the learned counsel for the petitioner that this petitioner who is the first accused was abroad and so he could not appear before
the court and seek bail though the other accused persons have already been enlarged on bail. On going through the records, I find that the alleged
incident was on 19.5.2019. The defacto complainant had sustained serious injuries including fracture. Of-course the investigation of the case is over
but, considering the entire facts involved in this case, I do not think that pre-arrest bail can be granted to the petitioner, especially because it is revealed
that he was absconding for the last more than two years.
Still, considering the pandemic situation of our country, I think that this petition can be disposed of directing him to surrender before the Jurisdictional
Magistrate before 18.6.2021. Upon his surrender, if an application for bail is moved, the Jurisdictional Magistrate shall consider the same at the earliest
and dispose of the same, on merits.