IMPORTANT POINT
The main legal point established in the judgment is the need for a balance between the prevention of harassment and the fair investigation, as well as the duty of the court to protect the personal liberty of a citizen under Section 438 of Cr.P.C.

JUDGMENT

1. These petitions have been filed by the petitioners, who are father and son, under Section 438 Cr.P.C. seeking to enlarge them on bail in event of their arrest in connection with FIR No.212(12)2020 registered under Section 326/34 IPC on the file of the Imphal Police Station.

2. Both the petitions are taken up together and disposed of by this common order.

3. Heard Mr. Ajoy Pebam, learned counsel for the petitioners and Mr. Y. Ashang, the learned Additional Public Prosecutor for the respondent State.

4. The case of the prosecution is that on 20.12.2020 at 7.30 a.m., while Kangabam Shantikumar Singh was standing in front of his gate, the petitioners and one unknown person wearing helmet along with a dog came with iron rod and other deadly weapon and attacked him by pelting stone and whipping by the rod etc. As a result, Kangabam Shantikumar Singh sustained injury on his left forearm and other parts of the body, including legs while trying to save himself. The wife of the injured rushed to Imphal Police Station and lodged a complaint and upon receipt of the complaint, the Officer-in-Charge of Imphal Police Station registered the case in FIR No.212(12)2020 under Sections 326/34 IPC against the petitioners and one unknown person.

5. The case of the petitioners is that Kangabam Shantikumar Singh used to tease the petitioners' dog by threatening with sticks and stones. Due to frequently teasing, the petitioners' dog barked whenever it sees him. On 20.12.2020 at about 6.30 a.m., the petitioner Chongtham Japson Meetei was taking out his dog for a morning walk and at that time Kangabam Shantikumar Singh was sweeping in front of his residence with a broom. When the petitioner Chongtham Japson Meetei and his dog came closer, Kangabam Shantikumar Singh started teasing the dog with broom stick and on that the petitioner warned him not to do, but he did not listen and his dog started barking loudly at him. His dog became more aggressive and began to charge towards him and to control the situation, the petitioner Chongtham Japson Meetei pull the leash of the dog and unfortunately, when his dog jumped towards Kangabam Shantikumar Singh, he tried to move away and while doing so he lost his balance and fell on the ground and got injured.

6. According to the petitioners, on 21.12.2020, when the petitioner Chongtham Japson Meetei was out of his residence and the petitioner in A.B.No.13 of 2021 was at his workplace at 2nd India Reserve Battalion, the mother of the petitioner Chongtham Japson Meetei informed that the police personnel of Imphal Police Station came to the residence and informed that a case was registered against both the petitioners on the complaint made by Kangabam Shantikumar Singh. Apprehending arrest, the petitioners have filed these petitions for anticipatory bail.

7. Resisting the petitions, the respondent State filed affidavit-in-opposition stating that prima facie case is made against the petitioners and the nature of injuries caused on the victim are grievous as per the report of the Medical Officer. Moreover, another unidentified accused is still at large. Therefore, the custodial interrogation of the petitioners is highly required in order to ascertain the identity of another co-accused. Hence, prayed for dismissal of the petitions.

8. The learned counsel for the petitioners submitted that the petitioner Chongtham Japson Meetei is a shopkeeper by profession, running a small business of clothing at Singjamei Super Market, Imphal and he is maintaining his family consisting of two minor children. The only fault of the petitioner is that he is the owner of the pet dog which Kangabam Shantikumar Singh used to tease frequently.

9. The learned counsel further submitted that the petitioner Chongtham Jayantakumar Meetei is serving as an electrician in the 2nd Indian Battalion, Manipur and also he is having some health issues and is still taking medication and he was not even present at the place of occurrence of the said incidence