IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 24^TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 BAIL APPL. NO. 4058 OF 2024 CRIME NO.240/2024 OF Thrikkunnappuzha Police Station, Alappuzha PETITIONER/S:

NISHAD AGED 40 YEARS S/O. ABDULKHADER, VANIYAPURAKAL, PUNNAPRA. P.O., ALAPPUZHA DISTRICT, PIN - 688004 BY ADVS.

K.K.DHEERENDRAKRISHNAN N.P.ASHA RESPONDENT/S:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:

Sr PP Sri C.S Hrithwik THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.05.2024 along with BA No.4060/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 24^TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 BAIL APPL. NO. 4060 OF 2024 CRIME NO.240/2024 OF Thrikkunnappuzha Police Station, Alappuzha PETITIONER/S:

SHAMSUDHEEN AGED 43 YEARS S/O. ABDULLA, PADINJARE KALLUPPARA, PUNNAPRA. P.O., ALAPPUZHA DISTRICT, PIN - 688004 BY ADVS.

K.K.DHEERENDRAKRISHNAN N.P.ASHA RESPONDENT/S:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:

Sr PP Sri C.S Hrithwik THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.05.2024 along with BA No.4058/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS,J ======================

Bail Application Nos.4058 and 4060 of 2024 -----------------------------------

Dated this the 24^th day of May, 2024

C O M M O N O R D E R

The applications are filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for orders of pre-arrest bail.

2. The petitioners are the accused 2 and 3 in Crime No.240/2024 of the Thrikkunnapuzha Police Station, Alappuzha, registered against the accused (three in number), for allegedly committing the offences punishable under Sections 143, 144, 146, 147, 148, 341, 323, 294(b), 325 and 308 read with Section 149 of the Indian Penal Code.

3. The gist of the prosecution case is that: on 31.3.2024, the accused went to attend a marriage function in an auditorium at Kumbalam. During the course of the function, the father of the bride switched off a fan which agitated the accused. While the de facto complainant tried to intervene in the matter, the second accused abused him and inflicted injuries on him with the intention to cause his death. Thus, the accused have committed the above offences.

4. Heard; Sri. K.K Dheerendrakrishnan, the learned counsel appearing for the petitioners and Sri.C.S Hrithwik, the learned Public Prosecutor.

5. The learned counsel for the petitioners vehemently submitted that the petitioners are totally innocent of the accusations levelled against them. There are no materials to substantiate that the petitioners have committed the offence under Sec.308 of the IPC. The very fact that Annexure-1 FIR was registered on 2.4.2024 in connection with the incident on 31.3.2024 wherein Sec.308 was not incorporated, proves the falsity in the present accusation. Consequent to Annexure-I FIR, the petitioners were enlarged on bail along with the first accused by the learned Magistrate. Subsequent to their enlargement on bail, the Investigating Officer filed an additional report and incorporated Sec.308 of the IPC. There is no material to substantiate the nature of the injuries suffered by the de facto complainant. In fact, the first accused has been granted an order of pre-arrest bail by the Court of Session, as per Annexure-VI order. Even though the second accused filed a similar application along with the first accused, his application was dismissed on the ground that there is some overt act alleged against him. The petitioners’ custodial interrogation is unnecessary and no recovery is to be effected. Hence, the petitioners may be granted an order of pre-arrest bail.

6. The learned Public Prosecutor opposed the application. He submitted that the investigation is in progress. He also stated that if the petitioners are granted an