Petitioner is the third accused in Crime No.864 of 2014 of the Mathilakam Police Station for the offences punishable under Secs.341, 324 and 308 r/w Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 10.04.2014, the day of general election, the petitioner and others attacked the de facto complainant due to political rivalry. The first accused used wooden stick.
3. Learned counsel submits that there is no overt act attributed to the first accused. It is also submitted that there is no scope for including Sec.308 of the Penal Code.
4. Having regard to the circumstances, request for pre- arrest bail cannot be allowed. But it is directed that in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day where it is open to the petitioner to request for bail.
The application is disposed of as above.
Sd/-
Sbna True Copy THOMAS P.JOSEPH, JUDGE.
P A to Judge