Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 1st accused in Crime No. 491 of 2014 of the Balaramapuram Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326, 427 and 308 r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioner and other accused is that on 01.05.2014 at about 09.00 p.m., they formed themselves into an unlawful assembly armed with deadly weapons like punching block and stone, and attacked the de facto complainant on the lane in front of the house of the de facto complainant. It is specifically alleged that the petitioner herein hit forcibly on the face of the de facto complainant with a punching block thereby causing the fracture of a tooth and injuries on his lips. Others also beat and fisted the de facto complainant and also hit him with stone.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
B.A.No.6062 of 2014 2
5. The contents of the CD prima facie reveal that the complicity of the petitioner. It seems that the de facto complainant had obstructed the act of the petitioner and the other accused in consuming liquor by sitting at the lane, situated in front of his house and that was the provocation on the part of the petitioner and other accused in attacking the de facto complainant. Perusal of the wound certificate clearly shows that the de facto complainant has sustained severe injuries. Investigation of the case is not over. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am satisfied that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge