Biju v. State of Kerala represented by Public Prosecutor High Court of Kerala
2013-11-19
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is accused, in Crime No.951 of 2013 of the Venjaramoodu Police Station for the offences punishable under Secs.323, 324 and 302 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor, while opposing the application has submitted that the petitioner and deceased who were friends were in an intoxicated mood at the relevant time, petitioner pushed the deceased causing his head hit a hard surface which resulted in grievous injury to the head. Petitioner fell on the deceased. The spinal cord of the deceased was affected. 3. Learned counsel submits that wife of the deceased had given a complaint to the Director General of Police where involvement of three other persons was mentioned but, the police is not proceeding against those persons. 4. Learned Public Prosecutor in response has submitted that though certain others were also present at the relevant time, the incident happened at the hands of the petitioner. 5. I am not going into those contentions at this proceeding. My concern is request for anticipatory bail could be granted. The matter is under investigation. Petitioner has to be questioned. May be, custodial interrogation is necessary. Hence the request for anticipatory bail cannot be allowed. Petitioner has to either surrender before the Investigating Officer or the Court concerned as the case may be. Resultantly this application is disposed of as under: (i) Request for anticipatory bail is rejected. (ii) Petitioner may surrender before the Officer investigating the case. (iii) In case of surrender, the said Officer, after interrogation of the petitioner and other steps are over and in case of arrest, produce the petitioner before the jurisdictional magistrate as early as possible.