AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner herein seeks pre arrest bail under
Section 438 of the Code of Criminal Procedure on the
apprehension of arrest and custodial harassment in
connection with Crime No.302 of 2017 of the Chalissery
Police Station registered under Section 307 of the Indian
Penal Code. He is the sole accused in the crime.
The prosecution case is that about 9.30 a.m on
9.8.2017, the petitioner assaulted the de facto complainant
in connection with an earlier dispute between them, and
inflicted very serious injuries on his body with sword and
other weapons in an attempt on his life.
On a perusal of the medical documents in the
name of the victim, I find that he had sustained very
serious injuries in the alleged incident. He had to undergo
effective treatment for a long time at the hospital. The
court will have to obtain a report from the Police regarding
the present condition of the victim of offence. The defence
has no explanation how the victim happened to sustain very
serious injuries. The medical records reveal that the nature
of the injury was really very serious. Besides the penetrating
incised wound on the chest, the victim had sustained
fracture also.
On a perusal of the materials including the case
diary and the report of the Investigating Officer, I find that
some more witnesses remain to be questioned by the
Investigating Officer, and some more materials remain to be
collected as part of investigation. This process will be
obstructed, if the petitioner is now released. I find prima
facie materials substantiating the allegations against the
accused. The request for bail will be considered at a later
stage when major part of investigation is over.
In the result, this application for bail is dismissed.