Petition filed under Section 438 Cr.P.C.
2. Petitioner is arraigned as the first accused in Crime No.720/2014 of Vattappara Police Station, Thiruvananthapuram District registered for the offences punishable under Sections 447, 294(b), 323, 324, 427 and 393 read with Section 34 of the Indian Penal Code.
3. The brother of the de-facto complainant is constructing a building at Vattappara. A lorry load of sand was brought from Tamil Nadu, for the construction of the building. When the load came, as there were no loading workers, the workers who were present in the lorry by which the sand brought, unloaded the sand. While the de-facto complainant was sleeping in his house, the petitioner along with the second accused came over there and called him out. When he went out, he was brutally attacked by the petitioner and the second accused. He was brutally beaten by demanding ₹10,000/-, and by questioning as to why the sand was unloaded without informing them. It is alleged that robbery was also committed.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner has pointed out that the petitioner is the leader of a Head Load workers' Union. It is an unfortunate situation in which an innocent man was brutally attacked. He was severely beaten and stamped by the petitioner, and also beaten with iron pipe by the second accused, who was present along with the petitioner. The second accused is yet to be identified. At any stretch of imagination, the acts done by the petitioner and the second accused cannot be justified. This is nothing, but robbery or at least, an attempt to commit robbery. Under the guise of the leadership or a membership of a trade union, the petitioner cannot engage in robbery. The investigation has a long way to go. Very stringent actions are required against the petitioner and the second accused in the matter. The custodial interrogation of the petitioner is required for the continued investigation. Matters being so, I am of the view that this is not a fit case wherein the powers conferred on this Court, under Section 438 of Code of Criminal Procedure, can be invoked.
In the result, this Bail Application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge