Application under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused 1 and 2 in Crime No.1446 of 2014 of Narakkal Police Station registered for offences punishable under Sections 452, 341, 324, 326 and 427 read with Section 34 of the Indian Penal Code. Prosecution case is that on 19.07.2014 at about 9.00 p.m., the accused persons trespassed into the house of the defacto complainant and attacked him using an iron pipe and a cricket bat. Defacto complainant sustained fracture on fingers.
3. Heard both sides.
4. Learned counsel for the petitioners submitted that there is a counter case in connection with the same incident. However that is not a reason to consider the anticipatory bail plea raised by the petitioners.
Considering the nature of allegations, I find that the petitioners are not entitled to get anticipatory bail. However, they shall surrender before the learned Magistrate having jurisdiction within a period of ten days from today and move for regular bail. In that event, the learned Magistrate BA No.6574/2014 2 shall consider the bail application as expeditiously as possible on merits.
Petition is disposed of accordingly.
A. HARIPRASAD, JUDGE.
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