Anticipatory bail denied due to serious allegations and necessity for further investigation.

ORDER

Dated this the 8th day of February, 2023 This is an application for anticipatory bail filed by the sole accused in Crime No.75 of 2023, Alappuzha North Police Station. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, produced by the learned Public Prosecutor.

3. The prosecution allegation is that, at 11.30 hours on

19.01.2023, while the sister of the petitioner and her husband were moving towards the mediation centre for settling their matrimonial discord pending before the Family Court, as directed by the family Court, the petitioner herein who is the brother of the wife of the de- facto complainant beat on the head and various parts of the body after uttering that he would kill the de-facto complainant by using helmet possessed by him. Accordingly, the prosecution alleges commission of offences punishable under Sections 341 , 294(b), 323, 324, 308 and 506 of the Indian Penal Code . It is submitted by the learned Counsel for the petitioner that no such occurrence as stated by the de-facto complainant was there and there is some sort of exchange of words between them, due to the matrimonial discord. According to the learned counsel for the petitioner, the petitioner has no criminal antecedents and he is liable to released on anticipatory bail.

4. The learned Public Prosecutor placed the case diary containing the statement of de-facto complainant as well as the copy of the wound certificate issued from the Government hospital, Alapuzha, prepared on 19.01.2023 at 11.59 am. He also placed the report of the Investigating Officer highlighting necessity of arrest, custodial interrogation and recovery of the weapons used to beat the de-facto complainant. On perusal of the case diary, specific allegation is that the petitioner herein beat on the right cheek of the de-facto complainant when he was moving towards the mediation centre and accordingly the de-facto complainant fell down. When he was about to wake up, the accused beat on his head by using a helmet. Since he evaded the same, that caused injury on the back of his head. The further allegation is that, the petitioner herein beat on the various parts of the body and accordingly he sustained multiple injuries. Since it is submitted by the learned counsel for the petitioner that there was no occurrence and the prosecution case is concocted, I have referred the wound certificate prepared at Government Hospital, Alappuzha, on 19.01.2023 at 11.59 am, where the occurrence was at 11 am. In the wound certificate the history and alleged cause of injury is stated as “alleged assaulted by brother in-law, hit with helmet and plastic box on head and face, in front of Family Court, Alappuzha”. The following are the injuries noted therein:

“Multiple abrasion on forehead Abrasion on left forehead Linear abrasion on forehead Lacerated wound below the left eye 2x1 cm Abrasion on left thigh Lacerated wound on occipital region 2x1 cm size Linear abrasion on lower lip”

5. It is pointed out by the learned counsel for the petitioner further that, nobody witnessed the occurrence and the entire allegations are false. In view of this argument, I have perused the case diary containing the witness statements. The case diary would depict that, one Johnson S/o K.C.George, Rajesh S/o Muraleedharan who witnessed the accident also given similar statements supporting the version of the defacto complainant. When the injuries herein above referred are looked into, deliberate attempt on the part of the petitioner to attack the defacto complainant with ulterior motive could be gathered prima facie, that too at the time he was moving towards the mediation centre as directed by the Court. In such a case, arrest, custodial interrogation and recovery of helmet, alleged to have used by the petitioner to beat the defacto complainant are necessary to accomplish meaningful investigating. Therefore, this is not a fit case