Petition under Section 438 Cr.P.C. 2. Petitioners are A1, A2, A4, A7, A3, A5, A9 and A6 respectively in Crime No.1244/2014 of the Payyannur Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 341, 452 and 308 read with 149 IPC and Section 66 (A) of the Information Technology Act.
3. The allegation against the petitioners is that on 25.09.2014 at 6.30 pm, while the defacto complainant was coming out of the house of one of his relatives named Bindu, the petitioners formed themselves into an unlawful assembly armed with deadly weapons like sticks and wooden reepers, committed rioting and rioting armed with deadly weapons, and wrongfully restrained the defacto complainant at the pathway leading to the house. He was BA No.7341/2014 : 2 :
severely beaten and he was dragged into the said house of Bindu, wherein also he was subjected to severe bodily attack. A9 copied the incident by his mobile phone and swiftly circulated it among members of the public through WhatsApp.
4. Heard learned counsel for the petitioners and learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioners. The investigation of this case is not over. The allegations against the petitioners are very grave and serious. Considering the seriousness of the allegations against the petitioners and the present stage of the investigation, I am of the view that the petitioners are not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/27/10 // True Copy // P.A. To Judge