SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the first accused in Crime No, 144 of 2009 of Baiaramapuram Police Station, has filed this application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure. The offences alleged against the petitioner and the other accused persons are under Sections 341, 324, 326 and 307 read with Section 34 of the Indian Penal Code.

(2.) The prosecution case is that on 24.3.2009 at about 7.30 PM, while the de facto complainant was returning from the ration shop, the accused persons attacked him with a chopper and iron rod. The de facto complainant sustained injuries. He was admitted in the hospital The treatment certificate shows that the de facto complainant sustained open fracture on the right patella and other injuries. The de facto complainant was subjected to a surgery. He was discharged from the hospital on 3.4.2009.

(3.) Learned Counsel for the petitioner submitted that Section 326 of the Indian Penal Code would not be attracted, even if all the allegations levelled against the accused are found to be true. The counsel submitted that at best, those allegations would attract Section 325 of the Indian Penal Code, which is a bailable offence, it is also submitted that, in the facts and circumstances of the case, Section 307 is also not attracted.