Shajahan vs State Of Kerala

Mohammed Nias C.P., J.

This is an application filed under Section 439 of the Cr.P.C. Seeking regular bail.

The petitioner is the accused in Crime No.2030/2023 of Nedumanagad Police Station, Thiruvananthapuram District, alleging offences punishable under Sections 307, 324, 506(i) and 294(b) of the Indian Penal Code.

The prosecution allegation is that on 04/10/2023 at 12.30 p.m., due to enmity of questioning the act of the petitioner that he caught hold of the neck of the injured, in the verandah of the Judicial First Class Magistrate II, Nedumangad, the petitioner attacked the defacto complainant and the injured in front of the court canteen with an iron rod resulting in injuries, thereby committing the offence.

The defacto complainant and the injured are practising lawyers of the Nedumangad courts and the petitioner had come to court in order to give evidence as CW3 in CC No. 153/2014 of the JFCM II, Nedumangad, in which the injured was the accused.

Heard the learned counsel for the petitioner, learned counsel appearing for the defacto complainant and learned Public Prosecutor.

Learned counsel for the petitioner submits that there was a scuffle between the police and the defacto complainant and that he had no role, as he came to the court premises to appear as a witness in a case where the injured was the accused.

The learned Public Prosecutor opposed the bail application and submitted that serious injuries had been caused to the head of the defacto complainant with an iron rod and that the assault was committed inside the court premises.

Learned counsel who appeared for the defacto complainant also submitted that the defacto complainant was hit thrice on his head using an iron rod inside the Court premises.

Having considered the rival submissions and noticing the report filed by the investigating officer, the injuries caused using a weapon, the place of occurrence of the crime being inside the Court premises, the advocates who are the officers of the court being attacked, I am not inclined to grant bail to the petitioner, pending the investigation.

Accordingly, the bail application is dismissed.