Petition filed under Section 438 Cr.P.C.
2. Petitioners are the accused in Crime No. 439 of 2014 of Paravoor Police Station registered for the offences under sections 143, 147, 148, 294(b), 323, 326, 341, 324 read with 149 IPC and 27 of Arms Act.
3. The prosecution case is that on account of previous enmity, the petitioners assaulted the de facto complainant with deadly weapons causing him fracture of bone and other injuries. According to the petitioners, they have been falsely implicated in this case and at the relevant time the first petitioner was under treatment in a hospital.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. There is no denial that at 1.00 in the night on 11.3.2014, the de facto complainant sustained injuries including fracture of a bone at the place of occurrence. The petitioners' case is that the first petitioner was under treatment in a hospital at the relevant time. The first petitioner relies on Annex. Nos.1 and 2 to prove his plea of alibi. Annex.No.1 is a copy of a wound certificate. It shows that on 10.3.2014 at 11.00 p.m.the first petitioner was treated as an out-patient at a hospital in the locality in which the incident happened. His injuries were very very minor. He had only contusion. The incident in this case happened about two hours after the petitioner allegedly was treated at the hospital. But he relies on Annex.No.2 medical bill to prove that he was at the hospital at the time of the incident. The hospital bill shows that it was issued on the date of the incident at 1.10 p.m. i.e., in the afternoon. The incident in this case happened at 1.00 a.m. on that day. The petitioner was treated only as an out-patient. It shows that immediately after his treatment at the hospital at mid-night he was allowed to go home. Merely because he paid the hospital bill 12 hours after his leaving the hospital his plea of alibi will not be proved. I do not want to make any other comments with regard to the hospital bill. Having regard to the facts of this case, I am not at all inclined to invoke the jurisdiction of this Court under Section 438 Cr.P.C. In the result, this application is dismissed.
Sd/-
K. ABRAHAM MATHEW, (JUDGE) dl/ // TRUE COPY //