IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4110 of 2011(C) ------------------------- CRIME NO:833/2011 OF CHERPU POLICE STATION PETITIONER(S): ACCUSED ---------------------- MANOJ, AGED 40 YEARS, S/O M.S.SURENDRAN, MUNDANTE PARAMBIL, VENGINISSERY P.O, PARALAM, THRISSUR. BY ADV. SRI.C.A.ANOOP RESPONDENT(S): DEFACTO COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT KERALA, ERNAKULAM, THROUGH SUB INSPECTOR OF POLICE, CHERU POLICE STATION. PIN-680 561. 2. SUMESH, S/O SUBRAMANINA, MULLAKKAL HOUSE, SIVAPURAM, VENGINISSERY, THRISSUR PIN- 680 001. R1 BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4110 of 2011(C) APPENDIX PETITIONERS ANNEXURES ANNEXURE 1 TRUE COPY OF THE F.I.S DTD 20-09-2011 GIVEN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. ANNEXURE 11 TRUE COPY OF THE WOUND CERTIFICATE SHOWING THE INJURIES DTD.10-09-2011 ANNEXUREIII TRUE COPY OF THE AFFIDAVIT OF SUBRAMANIAN DTD. 03-10-2011 ANNEXURE IV TRUE COPY OF THE AFFIDAVIT OF PREETHI, THE DAUGHTER OF SRI.SUBRAMANIAN DTD. 03-10-2011. ANNEXURE V TRUE COPY OF THE FIR NO. 833/2011 DTD.20-09-2011 REGISTERED BY CHERPU POLICE STATION. RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A. TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4110 OF 2011 (C) ------------------------------------------ Dated this the 15th day of December, 2011 O R D E R Petitioner is the 1st accused in Crime No:833/2011 of Cherpu Police Station, Thrissur District. The crime was registered by the Police alleging offences under sections 143, 147, 148, 323, 324 and 326 r/w 149 IPC and Section 27 of Arms Act. 2. The petitioner contends that according to the prosecution the incident occurred at 3.00 P M on 10.9.2011. The First Information Statement was given by R2, Mr. Sumesh. The learned counsel for the petitioner submits that no such incident had actually taken place as stated in the F.I.S. In support of that he relies upon the affidavits of two persons who are stated to be residents of the house of one Priyesh who is stated to be a friend of the 1st Informant. 3. The crime is pending investigation. It is for the Investigating Officer to collect materials to find the Crl. M.C. No: 4110 OF 2011 (C) -2- correctness of the statement given by the injured or other persons. At this stage, it is not proper for this Court to direct the investigating officer to conduct the investigation in a particular line or in or at a particular angle. The petitioners can put forward all these contentions later if final report is filed implicating him as accused. 4. The learned counsel for the petitioner submits that if he is arrested, the learned Magistrate may be directed to release him on bail. The petitioner can apprise the learned Magistrate of all the grounds that may be available to him for getting bail. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj