Anticipatory bail may be denied where serious allegations and the potential for obstructing an ongoing investigation are present.

O R D E R

These applications are filed under Section 438 of the Code of Criminal Procedure , seeking pre-arrest bail.

2.B.A.No.8827/2023 The petitioner is the 10th accused in Crime No.1381/2023 of Karunagappally Police Station, Kollam District, for having allegedly committed offences punishable under Sections 143 , 147, 148, 294(b), 506(ii), 120(b), 323, 324 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act .

3.B.A.No.8869/2023. The petitioner is the accused (status not known) in Crime No.1381/2023 of Karunagappally Police Station, Kollam District, for having allegedly committed offences punishable under Sections 143 , 147, 148, 294(b), 506, 323, 324, 120B and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act .

4. The prosecution case is that on 29.08.2023 at about 2.35 hrs, at Altharamoodu junction, Ayanivelikulangara village, the accused, due to their previous animosity towards the defacto complainant, formed themselves into an unlawful assembly with intent to murder the defacto complainant while Ramraj, the friend of the defacto complainant was talking with the defacto complainant, the accused persons, 10 in number came there in a car and bike, the 4th accused who was sitting behind the motorcycle ridden by the 3rd accused by using a sword caused injury on the head of the said Ramraj and other accused persons manhandled him and thereby the accused committed the above offences.

5. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.

6. Taking into account the accusations against the petitioners and also the nature of injuries allegedly caused, which include serious head injury, fracture of the left elbow which requires surgery, injury on the right shoulder, and deep wounds on the forehead, I do not think this is a fit case to grant anticipatory bail, as it might hamper the investigation.

Therefore, the following directions are issued:-

In the event the petitioners surrender before the Investigating Officer in two weeks, they shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case.

These bail applications are disposed of as above.