Court grants anticipatory bail to accused in assault case

While granting anticipatory bail to a 21-year-old accused in a case of alleged vigilantism, the First Additional District and Sessions judge Sharada B. on March 6 directed him to surrender before the jurisdictional magistrate court by March 21.

The Mohammed Isthiyak, a resident of Kunjathala house at Pudu in Bantwal taluk, is accused no. 3 in a case registered in Bantwal Town police station.

According to the complaint, three persons came in a car and assaulted a person from another community near SVS High School Grounds on October 7, 2018. The incident occurred when the victim was talking on his mobile phone with his girlfriend from another community. The accused hit the victim and went away in the car after snatching the mobile phone.

The victim ran behind the assaulters and held the handle of the rear door of the car as it was moving. After getting dragged for 15 metres , the victim lost his grip, fell on the road and sustained injuries. The victim was admitted to the hospital where he filed a complaint. The police registered a case under Sections 323 and 392 of the Indian Penal Code and arrested two persons. Fearing arrest, Isthiyak filed application under Section 438 of the Criminal Procedure Code.

In the objections to the application, the public prosecutor said Isthiyak was involved in a heinous crime.

Making note of the failure of investigation officer (IO) in securing Isthiyak for the last four months, the judge in her order said, “If the petitioner continuous to be absconding, it will certainly obstruct the investigation and leads to multiplicity of proceedings. If the IO is in need of the petitioner for further investigation, he will be at liberty to approach the jurisdictional court.”

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Printable version | Apr 6, 2020 11:28:55 PM |

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