Anticipatory bail denied where arrest and custodial interrogation deemed necessary due to the severity of allegations.

ORDER

Dated this the 29^th day of March, 2023

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure , by the petitioner, who is the sole accused in crime No.101/2023 of Varantharappilly police station, Thrissur.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the case diary as such, along with copy of medical records form part of the case diary placed by the learned Public Prosecutor.

4. The prosecution case is that at about 22 hours on 11.02.2023, the accused herein assaulted the defacto complainant with intention to cause grievous hurt by using a weapon looks like an iron rod and in consequence thereof, the defacto complainant sustained injuries on frontal area of the head and consequential fracture. This is the base on which the prosecution alleges commission of offence punishable under Section 326 of IPC .

5. The learned counsel for the petitioner read out the relevant portion of the First Information Statement to point out that, going by the FIS, the ingredients to attract offence under Section 326 IPC could not be read out. It is submitted further that no motive is alleged in this crime and therefore, the petitioner may be released on bail and he is ready to be abide by any condition as a pre-requisite for grant of pre-arrest bail.

6. Whereas the learned Public Prosecutor zealously opposed bail and the learned Public Prosecutor has given emphasis to the FIS itself, suggesting fracture and the corroborating materials in the form of medical records to justify the prosecution allegations. It is submitted that in this matter, arrest, custodial interrogation and recovery of weapon alleged to be used by the petitioner, are absolutely necessary. Therefore, the petitioner cannot be released on pre-arrest bail.

7. While allaying the rival submissions, I have gone through the FIS and discharge certificate for police cases issued from Jubilee Mission Medical College & Research Institute, Thrissur. In the FIS itself, there is mention as to injury on the frontal area of head with fracture. Though it is submitted by the learned counsel for the petitioner that fracture is too simple, the discharge certificate for police cases would go to show that the defacto complainant suffered infirmities as under.

1. 7x3 cm laceration (l) forehead above lateral margin of (l) eye

2. depressed comminuted fracture (l) frontal parietal bone extending to frontal lobe SAH brain.

8. Even though in the FIS, the specific reason for animosity is not stated, the allegation of the prosecution is that accused herein attacked the defacto complainant due to previous animosity.

9. Having appraised the facts of this case, I am inclined to hold that investigation is not possible without arrest and custodial interrogation of the petitioner, as rightly pointed out by the learned Public Prosecutor. Therefore, this is not a fit case to grant anticipatory bail.

In the result, this petition stands dismissed.