Shibin Jose vs State Of Kerala

K.Haripal, J

The petitioner, claiming himself as the seventh accused in Crime No.87/2021 of Mavelikkara Police Station, has moved this Court seeking pre-

arrest bail.

2.  According to him, that crime was registered alleging offence punishable under Sections 341, 323, 324, 326, 308 and 34 of the IPC, on the basis

of the alleged incident happened on 26.01.2021 at 08.30 p.m. He claims that he is totally innocent and therefore, his custodial interrogation is not

warranted.

3.  According to the learned Public Prosecutor, initially the crime was registered as if the acts were committed by an unlawful assembly,

incorporating along with other offences under Sections 326 and 308 read with 149 of the IPC. In the incident, 33 year old Renjith and three others had

sustained grievous injuries. The incident had happened on 26.01.2021; later, the said Renjith succumbed to the injuries on 30.01.2021 and on that basis,

offence under Section 302 IPC also has been incorporated besides offence under Section 3(2) 5(a) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act. Some of the accused have already been taken into custody. In the nature of the allegations against the petitioner and

other accused, she has strongly opposed the application for bail.

4.  It may be true that the crime was registered initially invoking offence under Sections 326 and 308 of the IPC. Now, after the death of the one

of the injured, offence under Section 302 IPC has been incorporated. Apart from the deceased, three other persons also had sustained injuries.

Petitioner is the 9th accused in the crime. In the nature of the allegations, custodial interrogation of the petitioner is innevitable. Therefore, the

application is liable to be dismissed .

The learned counsel for the petitioner, at this stage, submitted that he is prepared to surrender before the Investigating Officer. If he surrenders, his

case shall be considered with utmost expedition.

The bail application is dismissed.