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Judgment
Petitioners seek bail under Sec.438 of Cr.P.C . They are the accused in crime no.2177/2017 of Chathannoor police station, Kollam district. They have allegedly committed offences punishable under Secs 323, 324, 326 and 506 of IPC read with IPC 34.
The prosecution case is this: The accused persons had previous animosity towards the first informant. At about 4.00 p.m on 10.9.2017 the accused beat the first informant Jayakrishnan and his friend Vinayak on their heads with iron bangles and kicked them. Both the victims sustained injuries and the first informant sustained a grievous injury.
Heard the learned counsel for the petitioners and the learned public prosecutor.
The defence version is that everything happened during a football match. It is submitted that there was no premeditation to commit any crime. It is seen stated in the application that the first informant sustained only minor injuries.
It is true that it all happened during a football
match. But the injuries sustained by the first informant cannot be simplified as minor. The records show that he did sustain a linear undisplaced fracture involving left occipital bone. There has been a grievous hurt within the meaning of Sec.320 of IPC .
Materials are available against the petitioners to prosecute
them. Investigation is at its initial stage. I do no consider this to be a fit case to grant bail under Sec.438 of Cr.P.C .
The learned counsel for the petitioners submits that the petitioners wish to surrender before the investigating officer. The petitioners have the freedom to do so. In the event of such surrender the investigating officer after interrogation shall produce the petitioners before the court concerned within the time allowed by the Cr.P.C . On such production the court concerned will act according to law. It is made clear that the investigating officer is under no obligation to keep on waiting for the surrender of the petitioners.
The application is dismissed.