Petitioners are accused 1 to 3 in Crime No.980 of 2013 of the Kallambalam Police Station for the offences punishable under Sections 324, 326 r/w Section 34 of the Indian Penal Code, Section 27 of the Arms Act, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 19.09.2013 at the relevant time the petitioners attacked the de facto complainant with sword and inflicted fracture and lacerated wounds. It is also submitted that the weapon is not so far recovered.
3. Learned counsel submits that the allegations are not true. There was a dispute over the payment of Rs.5000/- borrowed by the de facto complainant from the second petitioner. According to the learned counsel, de facto complainant fell down and sustained injuries. It is pointed out that when the petitioners moved Crl.M.C.No.2489 of 2013 in the Sessions Court, Thiruvananthapuram, it was reported on 21.10.2013 that no case is registered against the petitioners.
B.A.No.3636 of 2014 2 According to the learned counsel, the petitioners are falsely implicated.
4. I have gone through the C.D file and find that the case was registered on 21.09.2013 based on the statement given by the de facto complainant from the hospital. Reason for the delay is also stated in the first information statement. It is seen from the wound certificate that the de facto complainant was admitted in the hospital on 19.09.2013 with fracture and other lacerated wounds.
5. Having regard to the nature of allegations made against the petitioner and the investigation required to be done, request for pre-arrest bail cannot be allowed. It is directed that in case the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of with the above direction.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge