Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.516 of 2014 of Kuttampuzha Police Station, registered for the offences punishable under Sections 294(b), 308, 323, 324 and 506(ii) IPC .
3. The allegation against the petitioner is that on 06.10.2014 at 6 p.m., he attempted to commit culpable homicide by stabbing the defacto complainant with a knife on his chest and the same was warded off by the defacto complainant, thereby he sustained a long injury on his right chest. Even after that, the petitioner wielded the knife, thereby causing injury on the left side of the chin and left side of the waist of the defacto complainant.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioner. The wound certificate, which finds a place among the records in the CD, reveals that the defacto complainant has sustained injuries. It seems that the weapon has been recovered. Considering the facts and circumstances of the case and the seriousness of the allegations against the petitioner, I am of the view that this is not a fit case wherein the discretionary relief of anticipatory bail can be granted to the petitioner.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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B.KEMAL PASHA, JUDGE DSV/26/11 // True Copy // P.A. To Judge